An airline lost luggage situation in the USA is stressful, but you have clearer legal rights than most travellers realise. US domestic flights are covered by DOT rules capping liability at $3,800. International flights fall under the Montreal Convention with its own limits. The key is acting fast — the first 30 minutes after landing determine whether you can make a successful claim at all.

What Are Your Rights?

Your rights depend on whether your flight was domestic or international.

Domestic flights (within the USA): The Department of Transportation (DOT) requires airlines to compensate you for the provable value of lost, damaged, or delayed baggage up to $3,800 per passenger. This amount is set by DOT regulation and applies to all airlines operating within the USA. It covers the depreciated value of your belongings, not necessarily the original purchase price.

International flights: The Montreal Convention 1999 applies, capping airline liability at approximately SDR 1,288 per passenger (roughly $1,700–$1,800 USD at current rates). This cap applies to all international carriers and cannot be waived in your ticket conditions.

Both sets of rules distinguish between lost baggage (definitively gone), delayed baggage (temporarily missing), and damaged baggage. The procedures and timelines differ for each.

How Much Can You Claim?

The maximum amounts are:

  • Domestic: $3,800 for lost or damaged baggage (per passenger)
  • International: SDR 1,288 per passenger (approximately $1,700)

These are caps, not guaranteed payouts. The airline will base its offer on the depreciated value of what you lost — not what it would cost to replace everything new. An itemised list of contents with approximate purchase dates and values makes a significant difference to the final settlement figure.

Airlines must also refund checked baggage fees if the bag is lost. On domestic flights, the DOT requires this. Do not let the airline overlook this separate entitlement.

For delayed (not lost) baggage, you are entitled to reasonable interim expenses for essential items. Keep all receipts for clothing, toiletries, and medication you had to buy while waiting. These claims are separate from the total baggage loss cap.

Step-by-Step: What to Do

  1. File a Property Irregularity Report (PIR) before leaving the airport. This is non-negotiable. Go to the airline’s baggage desk — not the general customer service counter — and insist on a written PIR reference number. Without this report, your claim is extremely difficult to pursue.
  2. For delayed baggage: Get a written acknowledgement from the airline that your bag has not arrived. Claim reasonable interim expenses with receipts. If the bag has not been located within 5 days, most airlines declare it lost.
  3. For damaged baggage: Report damage at the baggage area before you leave. Photograph the damage. For international flights, you must submit a written claim within 7 days of receiving the bag — this is a strict Montreal Convention deadline.
  4. Submit a written claim to the airline. Include your PIR number, flight details, and a detailed itemised list of what was lost with estimated values. Use our complaint letter generator to draft a correctly formatted claim letter.
  5. If they lowball you, counter with documentation. Airlines frequently make low initial offers. Provide receipts, photos, and a revised itemised list to push back.

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What If They Don’t Respond?

If the airline does not respond to your claim or refuses it without adequate explanation, file a complaint with the DOT’s Aviation Consumer Protection Division. Do this at airconsumer.dot.gov. The DOT complaint database is public, which creates reputational pressure. It also triggers a formal response obligation from the airline.

DOT complaints do not award individual compensation, but they do create an official record and often prompt airlines to reconsider settlements. For amounts under your state’s small claims limit (typically $5,000–$25,000), small claims court is a low-cost option. Airlines routinely settle valid DOT-reported claims before a hearing.

Check your travel insurance and credit card benefits. Many premium credit cards provide supplemental baggage coverage that applies above the Montreal Convention cap. This can cover the gap between your actual losses and the statutory ceiling.

Also see our UK flight delay compensation guide if you were connecting through a UK airport where EC 261/2004 might also apply to your disrupted itinerary.

Frequently Asked Questions

My bag was delayed 4 days. Now the airline found it and says I can’t claim anything because it wasn’t technically “lost.” Is that right?

No. Delayed baggage entitles you to claim reasonable interim expenses during the delay — clothing, toiletries, medication. The fact that the bag was eventually returned does not cancel this entitlement. Submit a separate claim for your interim expenses with receipts.

I packed a laptop in my checked bag and the airline says electronics are excluded. Can they do that?

Airlines do routinely exclude fragile items (jewellery, electronics, antiques) from liability under their conditions of carriage. The DOT allows these exclusions for domestic flights. For high-value items, declare excess valuation at check-in (a per-item fee applies) or insure them separately. The Montreal Convention is more limited in its exclusion provisions for international flights.

How long does the airline have to declare a bag officially lost?

There is no federal legal deadline, but most US airlines declare a bag lost after 5–21 days. Once declared lost, the full claims process begins. You should push the airline for a lost declaration after 7–10 days if there has been no progress, and cite your intent to escalate to the DOT if they stall.