[flbercher]

In October 2012, AA lost one of my checked bags on a flight from Milwaukee to Albuquerque. I filed a claim at the airport and a follow-up 2 weeks later as required by American. Although I furnished documentation and have my baggage claim stub, American has made a "final" decision to reimburse me nothing for the lost bag. I filed a DOT complaint but nothing came of that either. I am very disappointed in American Airlines and caution travelers that AA can “steal” your bag and you have no recourse.

[azstar]

Something is missing from the story. Airlines are governed by the "Montreal Convention" which requires compensation for delayed, lost, and/or damaged baggage.

"Baggage is considered lost if not returned within 21 days".

If AA is refusing to pay you anything, you can take them to small claims court. Most likely they will not show up and you would win by default, but you will win regardless, if you checked a bag and they misplaced it.

[jimworcs]

Totally agree ---- they HAVE to compensate you, if they acknowledge that it was lost. They may not agree the value of the baggage and may exempt things they feel they can exclude under their Terms and Conditions, but they cannot refuse to compensate you. You should provide more details about the reasons for the refusal, or file a claim at small claims.

[flbercher]

Well, I think you are being a bit naïve. I claimed a value of $100, American never asked me for any receipts or proof of value (which would be difficult on clothing which was not new and no proof of purchase was available.) They simply said they were denying my claim and their decision was "final." About the suggestion to go to small claims court - the filing fee is $75, then there are interrogatories, etc. which have to be filed, all driving the bill up. Not very helpful, is it? Just be forewarned, American will stiff you every chance they get.

[azstar]

If they are denying your claim with no explanation and no justifiable reason, as you say, they are violating the law. If you win your case they will have to reimburse your court costs, as well.

[jimworcs]

Are you actually saying that you had a final denial of claim from AA, then took it to the DOT and they took no action? i would pay the filing fee at small claims court, there will nto be any significant other charges for such a simple claim and they will all be refunded when you win. If the basic facts are admitted by AA, ie, you checked in a bag, they lost it.. you CANNOT lose this claim. A bit of googling relating to the Montreal Convention and your rights will reassure you. I woudl file this just to prove a point and to be a pain in the ****.

[flbercher]

Have you ever actually BEEN to small claims court? I have, about 6 months ago. I filed a claim, then asked the Judge to dismiss because I was moving 1200 miles away. The Judge dismissed the case - then the defendant filed a lien against my house (which can be done by anyone for no reason at all) for their legal costs. It wound up costing me almost $4,000 for my $900 claim to get the lien removed, and you can bet AA has deep pockets. This is what they're counting on. All this ballyhoo about small claims court is highly overrated.

[jimworcs]

Yes, I have indeed, twice and won both times. Your bad experience is unfortunate but not typical. If you withdrew and the other side had no opportunity to present their case, perhaps it is justified to recoup their costs. Costs are limited in most jurisdictions. If you think AA are going to throw huge resources in defending a case where you can prove they lost your luggage, you are mistaken. They will almost certainly not defend it, or offer you a settlement just before the case comes to court. I am starting to suspect there is more to this story than we know.

[flbercher]

Well, perhaps you're right that I should pursue it in small claims court. And there isn't "more to the story than you know." You have it all. In addition, a letter to Sean Bentel, AA customer relations contact as shown on this site, received the same denial. I have all the paperwork submitted to AA as well as my baggage claim stub. However, since the difference between what I am claiming as my loss and the cost of filing in small claims court is only $25, I'm not sure it is worth the hassle. As a lifetime community activist, I've had my share of tilting at windmills.

[jimworcs]

Of course in the end you have to decide if you can be bothered with the hassle, but your costs will be refunded, so the claim would be for $100, not $25. The problem is that many airlines rely on this inertia to avoid their responsibilities. They get away with it because they can. The bit I am confused about is the DOT. If AA admit losing your bag, I am astonished that the DOT are unprepared to assist. It is outrageous.

[flbercher]

I want to be fair - 16 months after American lost my luggage and refused to reimburse me, the airline called me and said they had received my complaint from DOT and were sending me a check for the amount I had claimed. Luggage was lost in October 2012, reimbursement received February 2014.