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UA Bag Loss (asked to wait, and then) Claim Denial

UA Bag Loss (asked to wait, and then) Claim Denial

Old Nov 15, 2013, 9:02 pm
  #1  
fomerly known as LandingGear (not Landing Gear)
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UA Bag Loss (asked to wait, and then) Claim Denial

My search did not yield a result apt for my case, so will someone kindly point me to the appropriate link or in the right direction?

I flew UA from LAX in March and arrived without my bag. Filed a claim at the airport (upon arrival). Online system kept showing "tracking in progress." I made several calls, talked to someone even at the Gold desk. I was told multiple times to wait if I want as bags do show-up sometimes even after a month. All this between March and May.

I asked a couple of times whether there was a timeframe for filing the paperwork and was told "don't worry, you can do that whenever you want."

Anyway, so finally I do that in August, two days after yet another call during which I was told "it has been so long, so may be the bag is lost, so go ahead and file a claim." A month later, UA sends me a letter indicating that I did not file the claim in time and asked me to take a walk.

Is this it? Or do I have any recourse?
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Old Nov 15, 2013, 9:18 pm
  #2  
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Originally Posted by planes&trains
...Filed a claim at the airport (upon arrival)....

...talked to someone even at the Gold desk.
Not sure what the "Gold desk" is, but your homeowner's insurance may cover lost luggage. I think your initial claim should good enough - do you still have the receipt from that initial lost luggage report?
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Old Nov 15, 2013, 9:24 pm
  #3  
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Originally Posted by IAH-OIL-TRASH
Not sure what the "Gold desk" is, but your homeowner's insurance may cover lost luggage. I think your initial claim should good enough - do you still have the receipt from that initial lost luggage report?
Gold Desk: After they were dragging their feet, so to speak, on the first two calls, I told them I had Gold status and they connected me to a different line. No waiting and they recognized me as a Gold member.

Yes, I do have all the paperwork. The initial claim, the claim forms I faxed, and the receipts for the items I was claiming.
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Old Nov 15, 2013, 9:27 pm
  #4  
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Sounds like you got bad advice

Did at any time reference the website and see where it states
For domestic carriage, in the event you fail to return the completed claim form within 45 days, no action shall lie against United Airlines.
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Old Nov 15, 2013, 9:29 pm
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I think this is DOT complaint worthy.
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Old Nov 15, 2013, 10:28 pm
  #6  
fomerly known as LandingGear (not Landing Gear)
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Based on the website link it looks like, technically, I am out on my own. I hope they recorded some of these calls as I have no proof. My mistake not checking.

Called my home insurance just now, as suggested above, and they said I should first take it with the credit card. It was a Chase UA card. Will call them tomorrow. This may work better as I did not claim any electronics with UA because I was told they don't cover that. There was an iPad in there.

My iPad (in the lost bag) was showing LAX as its location for over two weeks and then disappeared (probably battery drain). Never came back to life. That is why I was hopeful I would get the bag back, as it was at the airport the entire time I could trace my iPad.

Active iPad in checked bag? It was a gate check I was forced into by an FA with a bad attitude. But that is another story.
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Old Nov 15, 2013, 10:32 pm
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Originally Posted by planes&trains
Based on the website link it looks like, technically, I am out on my own.
As you've described it, multiple agents of United told you otherwise. You should file a DOT complaint.
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Old Nov 15, 2013, 11:10 pm
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Originally Posted by planes&trains
My iPad (in the lost bag) was showing LAX as its location for over two weeks and then disappeared (probably battery drain). Never came back to life. That is why I was hopeful I would get the bag back, as it was at the airport the entire time I could trace my iPad.
Did you tell them this? I know you didn't want to claim the ipad, but the fact of the matter is that you have a unique object inside the bag that you can trace back to yourself. What makes it unique? The serial number! Additionally, the fact that "find my ipad" had it pegged in LAX for two or so weeks lessens the chance of it actually being a bad location fix.

One time there was a green tagged bag that was allowed to fly through to our station. The way I found out about the owner was a greeting card she kept with her bag. If it wasn't for that I'm sure she would have never seen her bag again.
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Old Nov 15, 2013, 11:11 pm
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Originally Posted by WineCountryUA
Sounds like you got bad advice

Did at any time reference the website and see where it states
Within 45 days of what? Nonarrival of the bag at baggage claim? Or UA's determination that the bag is "lost"? Since the website does not specify, it should be the latter, more generous measure.

This is one of those unfortunate stories where OP was burned by trusting UA and hoping for the best. If I don't have my bag within two or three days, I would assume - no matter what the UA reps are telling me - that they have no idea where my bag is and it will likely never reappear. Sometimes it pays to be a cynic and a skeptic.
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Old Nov 15, 2013, 11:15 pm
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Originally Posted by mgcsinc
As you've described it, multiple agents of United told you otherwise. You should file a DOT complaint.
I 100% agree, when multiple agents make an oral representation, UAL loses the ability to point at its written policies, especially if they are not in the paperwork they gave you. Unless they stapled a piece of paper or circled a clear note in the records they provided you with your claim saying 45 days or go pound sand, they don't have a leg to stand on.

More importantly, the 45 days would not have any impact, unless, which I seriously doubt, a 45 day limit is in the contract of carriage with the ticket (your contract with UAL). Unless it is they can't impose limits on their own unless they are incorporated in the agreement you made with them for the ticket. Any such limit is not enforceable and frankly laughable. That a company puts something on their website give it as much impact legally to bind you as my typing up a $1,000,000,000 bill and demanding the treasury redeem it for gold. The applicable rule is the statute of limitation in the state where you file, which has certainly not passed.

I would definitely file a DOT complaint, tell them UAL repeatedly told you to hold off they might find and is now denying a claim, never told you to file in 45 days. My guess is you get a call from UAL offering to fix the issue shortly thereafter.

DOT is here: http://www.dot.gov/airconsumer/file-consumer-complaint Takes 2 minutes to file by e-mail.

If you don't get what you want via DOT, write say you will sue in small claims court unless they pay up....

Last edited by spin88; Nov 15, 2013 at 11:21 pm
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Old Nov 15, 2013, 11:29 pm
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Originally Posted by Kacee
....Sometimes it pays to be a cynic and a skeptic.
agreed plus doing independent research (to read the website)

Originally Posted by spin88
....
More importantly, the 45 days would not have any impact, unless, which I seriously doubt, a 45 day limit is in the contract of carriage with the ticket (your contract with UAL). .....
such as Rule 28.K.1.e
The completed written claim form pertaining to the claimed loss of, damage to or delay in delivery of a Passenger’s personal property, including Baggage must be received by UA’s System Tracing Center from the Passenger within 45 days after the flight date. If the Passenger’s fails to return the completed written claim form within the specified time period (absent extraordinary circumstances to be determined at UA’s discretion), no action shall lie against UA.
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Old Nov 16, 2013, 12:12 am
  #12  
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I would suggest that there are "extraordinary circumstances" here -- as per the COC above. The passenger was repeatedly told not to file. As there is no prf of that, UA will likely deny any appeal, but it is certainly worth it to try.
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Old Nov 16, 2013, 12:29 am
  #13  
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Perhaps UA waived its rights under the provision when they repeatedly asked to give them more time to look for his luggage.

Even if turns out the OP lost his claim for lost baggage, asking a person to postpone filing a claim while making various ( likely false ) representations and leading him to believe they were still looking for his bag is a separate wrong.
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Old Nov 16, 2013, 12:30 am
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Originally Posted by Xyzzy
I would suggest that there are "extraordinary circumstances" here -- as per the COC above. The passenger was repeatedly told not to file. As there is no prf of that, UA will likely deny any appeal, but it is certainly worth it to try.
Meh. Not sure why the lack of "proof" matters.

OP will file a DOT complaint. UA will pay him off. Because their employees screwed up. It seems that that's how it works. As it should.
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Old Nov 16, 2013, 10:25 am
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Just arrived in paradise without a suitcase

We arrived in HNL last night . 3 of 4 suitcases made it. DW's scuba diving gear did not. United claims it made it to HNL but they can't find it.
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