Lost or damaged luggage claims

How the law usually works

For many international flights, the Montreal Convention applies. It generally makes the airline responsible for checked baggage that is lost, damaged, or delayed while in the airline’s custody. It can also cover harm caused by baggage delay, although the traveler normally must show a financial loss.

The Convention sets a maximum amount of liability, expressed in Special Drawing Rights (SDRs). The applicable limit can change with inflation or legal updates. The limit usually applies per passenger, not necessarily per bag, and may be higher if you made a special declaration of value and paid any required extra charge.

For domestic flights, the applicable national or state law and the airline’s contract of carriage usually control. Airlines commonly exclude or limit responsibility for:

• Ordinary wear and tear, such as scratches or broken wheels
• Damage caused by poor packing or unsuitable baggage
• Certain fragile, valuable, or perishable items
• Cash, jewelry, electronics, documents, or medication placed in checked baggage
• Loss caused by the passenger’s own actions
• Damage to carry-on items that was not caused by the airline

A claim is usually stronger when you can show the bag’s condition before travel, the damage or loss afterward, and the actual financial impact. Replacement costs are often assessed based on reasonable value rather than the price of a brand-new luxury item.

Airlines may also offer goodwill payments or travel vouchers. Accepting a settlement or signing a release can affect your ability to seek more money, so the terms matter.

Common processes

1. Report the problem at the airport. Travelers commonly visit the airline’s baggage service desk before leaving the airport. They describe the problem, provide the baggage tag and boarding information, and obtain a written incident report or reference number. If the desk is closed, the airline’s website or app may provide a reporting process.

1. Keep evidence. Useful evidence can include photographs of the damaged bag, baggage tags, boarding passes, receipts, delivery records, messages from the airline, and photographs showing the bag’s condition before travel. Travelers commonly keep the bag and damaged contents until the airline has inspected them or confirms that disposal is acceptable.

1. Submit a written claim. An incident report is not always the same as a formal claim. People commonly submit a separate online or written claim with a description of the loss, receipts or other proof of value, and the requested remedy. The airline may ask for a repair estimate, proof of purchase, or a list of contents.

1. Claim reasonable interim expenses for delay. When baggage is delayed, travelers commonly claim necessary purchases such as basic clothing or toiletries. Airlines may reject luxury or avoidable expenses. Keeping itemized receipts and explaining why each purchase was necessary can help.

1. Follow up with the airline. Airlines may trace delayed baggage, arrange delivery, offer repair or replacement, or make a cash payment. People commonly keep records of every contact and ask for the airline’s final written position.

1. Check other possible coverage. Travel insurance, homeowners or renters insurance, credit-card travel benefits, and employer coverage may provide separate protection. These policies can have deductibles, exclusions, and their own deadlines. A payment from one source can affect recovery from another.

1. Escalate or bring a claim if needed. Depending on the country, options may include an airline complaint process, a government aviation or consumer agency, an approved alternative-dispute-resolution scheme, a tribunal, or court. A court claim may involve jurisdiction rules, service requirements, and limits on the recoverable amount.

People should be cautious of scams involving luggage claims. Fraudsters may impersonate airlines, airports, insurers, or customs officials and demand fees, gift cards, cryptocurrency, passwords, or bank details to “release” compensation. Travelers commonly verify messages through the airline’s official website or a known telephone number, avoid clicking unexpected links, and never inflate a claim or submit false receipts.

Deadlines and time limits

For claims under the Montreal Convention, commonly cited deadlines include:

• Damage to checked baggage: written notice generally within 7 days after receiving the baggage
• Delayed baggage: written notice generally within 21 days after the baggage is made available
• Court proceedings: commonly within 2 years from the date the aircraft arrived, or should have arrived, or when carriage ended

These deadlines can be affected by the type of flight, the legal basis of the claim, and the applicable contract. Domestic rules may use different periods, and some airline policies ask for prompt reporting even where the law provides more time.

A baggage tracing period is not necessarily the same as a legal deadline. Airlines may treat a bag as “lost” after an internal period, but that does not automatically determine every legal right. Typical claim processes can take several weeks or longer. You should confirm the applicable deadline with the airline, the relevant court, or a licensed attorney where you live.

Documents that usually matter

• Boarding passes, booking confirmations, and itinerary
• Baggage tags and checked-bag receipts
• Property irregularity or incident reports
• Photographs or video of the baggage and contents
• Receipts, repair estimates, and replacement-cost evidence
• A written inventory of missing or damaged items
• Proof of delivery or baggage-tracking records
• Airline correspondence and claim numbers
• Travel insurance or credit-card policy documents
• Evidence of necessary expenses during a delay
• Any settlement offer, release, voucher terms, or payment record

How it differs by jurisdiction

United States. For international journeys, the Montreal Convention commonly applies. For domestic air travel, federal aviation consumer rules and the airline’s contract are important. The U.S. Department of Transportation generally expects airlines to address mishandled baggage and to reimburse reasonable, verifiable expenses within applicable liability limits. State consumer-protection laws may also matter, but federal aviation regulation can limit some state-law claims involving airline services.

England and Wales. International claims commonly rely on the Montreal Convention as given effect through UK legislation. Airlines and travel companies may have complaint procedures and, in some cases, access to an alternative-dispute-resolution provider. Court claims can be affected by the airline’s jurisdiction clauses, the type of flight, and ordinary civil-procedure rules. Scotland and Northern Ireland have different court systems, even though many international baggage rules are shared.

Canada. International carriage commonly uses the Montreal Convention through Canada’s carriage-by-air legislation. The Canadian Transportation Agency’s passenger-protection framework may provide complaint and enforcement routes for certain air-travel problems. Provincial limitation periods and court procedures can differ, especially for domestic flights or separate consumer claims.

Australia. International claims commonly use the Montreal Convention as implemented through the Civil Aviation (Carriers’ Liability) Act 1959 (Cth). Domestic claims may involve that legislation, state or territory contract and consumer law, and the carrier’s conditions of carriage. The Australian Consumer Law may be relevant in some situations, although aviation-specific rules and international conventions can restrict or shape the remedy.

The airline, route, ticket type, and place where the claim is brought can all change the result. A journey involving several airlines may also raise questions about which carrier received, carried, or delivered the baggage.

When people consult a lawyer

Legal advice can be particularly useful when:

• The airline denies responsibility or relies on an exclusion
• The baggage contained expensive, unusual, fragile, or business-critical items
• The loss is close to or above the applicable liability limit
• The airline offers a release or settlement that seems inadequate
• The claim involves injury, disability equipment, medication, or essential documents
• Several airlines or countries are involved
• The airline alleges fraud, false valuation, or prohibited contents
• A deadline is approaching or court proceedings may be necessary
• An insurer and airline are both disputing responsibility

A licensed lawyer can identify the governing law, calculate the deadline, assess evidence, and explain whether a settlement affects other claims.