It’s not something any traveler wants, but occasionally bags get lost or damaged while in transit. If it happens to you, knowing your rights is essential. Under DOT regulations for domestic travel and the Montreal Convention of 1999 for international journeys, air passengers have specific rights in relation to damaged baggage. Different rules apply if you’re traveling by road or rail. Below, take a look at your rights and responsibilities and find helpful tips on what to do if your suitcase gets damaged while traveling.
Is the Airport or Airline Responsible?
When traveling by air, the airline is responsible for any damage caused while it was carrying your baggage. In the event of damage, the airline can offer to repair it, but if that’s not possible, they must provide reimbursement. If you’ve traveled within the U.S., DOT regulations stipulate that the maximum a passenger can claim is $3,800.
For most flights overseas, the Montreal Convention comes into play. It currently sets the airline’s maximum liability at about $1,700 USD per passenger. In theory, an airline can offer more than this, but it’s not required to by law. Note that the basis for compensation is the current state of the bag and its contents, not the value of the bag as new. If you believe the TSA has damaged your bag during an inspection (opened bags will be stickered), you should contact the agency instead.
What Kind of Damage Can You Claim?
Claims can be made only for damage that is not deemed natural wear and tear. Preexisting damage is also not considered the airline’s responsibility, so make sure you are able to prove what the condition of your bags was before they left your sight. You’ll also need to demonstrate that you packaged any fragile items in such a way that it should have been possible to transport them without damage.
When Should You Take Action?
Airlines generally have a physical customer service desk near the baggage claim where you can report damage to your bags and fill out a report. Once you’ve completed this form, you will receive a reference number, which you can use for status updates about the reimbursement process.
In some cases, there may be an alternative method for filing a report online. For instance, if you are flying with American Airlines in the U.S. (including Puerto Rico or the U.S. Virgin Islands), look for a QR code displayed near the baggage carousel. Scan the code on your smartphone and log the damage either using the number on your bag tag or your AA confirmation code. United Airlines offers passengers the option of reporting a damaged bag by calling the Baggage Recovery Center at 1-800-335-2247 (International 1-281-821-3526) or by texting “BAGS” to 32050.
Typically, you have 24 hours to report damage that occurs within the U.S. and seven days to do so for international travel. However, in some parts of the world, if you leave the airport without reporting any damage, it is assumed under law that the bag was intact and therefore the airline has no obligation to process a subsequent claim. Regardless of where the damage has been spotted, it’s prudent to always act promptly.
What About Bus or Train Travel?
Greyhound, which operates the largest intercity bus service in North America, takes a single-minded approach to transporting bags: They’re not liable. The company’s terms and conditions state that passengers must take full responsibility for the items they carry, whether they load them into the luggage compartment or bring them on board.
Amtrak’s policy is a little more generous. However, if you take any item as a carry-on, the company accepts no liability for any damage. While you may choose to check larger items, you won’t be able to claim compensation for any damage that could be considered the result of regular wear and tear.
For baggage handled by the Red Cap service, Amtrak’s free baggage assistance, you could receive a maximum of $50 per damaged item, while checked baggage claims typically max out at $500 per ticketed passenger. To be able to file a claim, make sure you report any damage before leaving the station and submit the necessary paperwork within 30 days.
Other Considerations Before You Depart
It’s worth taking a few additional steps prior to your trip that could prove helpful if you are unlucky enough to experience a damaged suitcase while traveling. First, keep the receipt from your suitcase and significant items you’re carrying in it, especially if it’s relatively new or expensive. This may help you prove its value.
Second, check your empty bag carefully before you start to pack. Ensure that handles are securely attached and wheels are in full working order. Carry out any repairs before leaving for your trip, or swap it out for a different bag.
You also should take care not to overpack, as this can place stress on zippers, fastenings, and seams. And it’s a good idea to photograph your suitcase or bag before you check it so that you have proof of the condition it was in before you handed it over. Doing so will help if you need to seek compensation or make an insurance claim.
Featured Stories
More from our network
Daily Passport is part of Optimism, which publishes content that uplifts, informs, and inspires.
