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-   -   Compensation for AA breaking my mobility device (https://www.flyertalk.com/forum/american-airlines-aadvantage/1947700-compensation-aa-breaking-my-mobility-device.html)

Often1 Dec 28, 2018 10:48 am

In that case be done with it. Decline the voucher and submit a request for reimbursement of your expenses, e.g. the payment to the person who assisted you at home. Provide a receipt or other appropriate information along with your claim and be done with it.

craz Dec 28, 2018 11:09 am

Sorry OP Im at a loss to understand what it is exactly you want. In your title you wrote "Compensation" well then you said AA threw you a $350 voucher, from the sound of things that should have been more then what you paid out. Then you wrote but the voucher is good only on AA metal and most times you can purchase a tkt for less on another carrier or the tkt is being paid for by a 3rd party, since its work related

Bout the only thing I can suggest is write up a list of money that you laid out and tell AA to cancel the voucher and instead cut you a check for the expenses you laid out. So if your scooter was fixed for $0 thats what you are entitled to for getting it repaired, and the fact that it would have cost me say $400 is not important. time lost waiting to be taken from the plane = $0 and is apart of the voucher

Now if there are Federal laws dictating a monetary compensation for each thing you went thru thats something else

My only suggestion is to do like Ive done sworn off certain carriers even if their fare is alot cheaper, since when something hits the fan, theres no one home. As for the crew leaving you well could be they had other flights they had to catch and you said the SRO was there, so I dont blame the crew for going on their way

Im not blaming you and AA did drop the ball, I see Compensation as something to make me whole and not profit from so if your out of pocket expenses was say $50 thats what you are owed, you were asked a few times how much $$ you paid out and you never replied, I assume (maybe wrongly) it wasnt that much and alot less then the $350 voucher, so again tell AA to cancel the voucher and to cut a check for you out of pocket expenses and itemize them to AA

Often1 Dec 28, 2018 1:02 pm

Important to remember that people tend to throw around the term "compensation" to cover compensation, reimbursement, and customer service gestures.
1. No compensation.
2. Yes out-of-pocket reimbursement for the money to hire assistance.
3. Customer service gesture in AA's sole discretion and $350 seems reasonable even if it isn't exactly what you want.

mvoight Dec 28, 2018 1:04 pm


Originally Posted by nyoka (Post 30577981)
1. They admitted fault for not delivering the scooter in the timely manner and in a condition other than the one they received it in (both a violation of federal law)
<snipped>
!

There is a law saying it is illegal to accidentally break something?

In any case, it seems you were
1. Delayed an hour getting the chair
2. Delayed another hour waiting for suitable transport.
(I didn't see in your comments what added up to 5 hours)
3. Had to pay someone to assist you from the transport to the door.
On the compensation issue. What, exactly, are you asking for?
How much did number 3 cost, and what are you valuing your time at for those 2 hours?

mvoight Dec 28, 2018 1:15 pm


Originally Posted by LondonElite (Post 30577955)
Just a few thoughts:

1. What was AA’s response to you?
2. It is quite possible that it has more to do with the airport than the airline, so choosing not to fly with AA in the future isn’t going to change anything.
3. What did your home insurance say about this?

There were no actual expenses to the OP from what I can see, other than to hire someone to meet him at his house to get from the transport to the door. So, I am unclear what the insurance would have to do with it

Beltway2A Dec 28, 2018 1:18 pm


Originally Posted by mvoight (Post 30582668)
There is a law saying it is illegal to accidentally break something?

There is a regulation requiring airlines to compensate lost, damaged or delayed property (14 CFR §254.4) and a special exception for wheelchairs and assistive devices which removes any cap on liability (14 CFR §382.131). §382.125 addresses OP's point about returning the mobility device as close to the aircraft door as possible. As someone who has to live with mobility impairment, it's not surprising that OP is significantly better informed than some others in this thread who feel a need to weigh in.

OP, you have my sympathies. Best of luck getting the appropriate compensation.

Often1 Dec 28, 2018 2:27 pm


Originally Posted by Beltway2A (Post 30582712)
There is a regulation requiring airlines to compensate lost, damaged or delayed property (14 CFR §254.4) and a special exception for wheelchairs and assistive devices which removes any cap on liability (14 CFR §382.131). §382.125 addresses OP's point about returning the mobility device as close to the aircraft door as possible. As someone who has to live with mobility impairment, it's not surprising that OP is significantly better informed than some others in this thread who feel a need to weigh in.

OP, you have my sympathies. Best of luck getting the appropriate compensation.

OP has made it clear that whatever was wrong with her rental, it was fixed at no charge by the rental company.

mvoight Dec 28, 2018 2:38 pm


Originally Posted by Beltway2A (Post 30582712)
There is a regulation requiring airlines to compensate lost, damaged or delayed property (14 CFR §254.4) and a special exception for wheelchairs and assistive devices which removes any cap on liability (14 CFR §382.131). §382.125 addresses OP's point about returning the mobility device as close to the aircraft door as possible. As someone who has to live with mobility impairment, it's not surprising that OP is significantly better informed than some others in this thread who feel a need to weigh in.

OP, you have my sympathies. Best of luck getting the appropriate compensation.

My point was it is NOT illegal to accidentally damage a wheelchair.
It would be illegal to accidentally damage it and not pay to fix it. But, the act of accidentally damaging it is not a law violation
And, if it is broken, what difference does it make if it is close to the aircraft door, if the user cannot use it?

Beltway2A Dec 28, 2018 2:59 pm


Originally Posted by mvoight (Post 30582948)
My point was it is NOT illegal to accidentally damage a wheelchair.
It would be illegal to accidentally damage it and not pay to fix it. But, the act of accidentally damaging it is not a law violation
And, if it is broken, what difference does it make if it is close to the aircraft door, if the user cannot use it?

This is complete gibberish. You're conflating multiple issues including violation of the ACAA (which the DOT enforces), liability to a consumer under the ACAA, and intent for a state-law tort while also bandying about words like "illegal" without actually knowing what the word means.

FlyingEgghead Dec 28, 2018 3:51 pm


Originally Posted by Beltway2A (Post 30583006)
This is complete gibberish. You're conflating multiple issues including violation of the ACAA (which the DOT enforces), liability to a consumer under the ACAA, and intent for a state-law tort while also bandying about words like "illegal" without actually knowing what the word means.

I admit my ignorance of these issues. Your further clarifications would be appreciated. However, I think based on the sequence of posts here and ordinary English meanings, mvoight was not simply "bandying about words like 'illegal'." Rather, mvoight was directly responding to OP's statement:

Originally Posted by nyoka (Post 30577981)
1. They admitted fault for not delivering the scooter in the timely manner and in a condition other than the one they received it in (both a violation of federal law)

So mvoight made the translation "violation of federal law" -> "illegal" and posed a question on that basis, which is superficially reasonable. While mvoight (and I) may well be confused or incorrect, it seems like a good faith attempt to engage with the terms stated by OP. I too would like to understand whether "the act of accidentally damaging it is not a law violation".

Dave Noble Dec 28, 2018 3:55 pm


Originally Posted by nyoka (Post 30577981)
1. They admitted fault for not delivering the scooter in the timely manner and in a condition other than the one they received it in (both a violation of federal law)
2. Possibly, but it was BCN and JFK. BCN is known for being good with mobility assistance and JFK is it's charming self but it's also my home airport and I've never had broken equipment on return there despite many flights. I've had other issues with AA and mobility equipment before, in hindsight should have resisted the irresistible fare I booked.
3. I don't have home insurance. Don't own my home. The issue is not cost of getting it fixed as it was a travel rental (I don't bring my full-time scooter to Europe because of size) and I was lucky that the rental company's mechanic was able to take care of it next day so I didn't get charged for that, it was my complete inability to get home without someone to assist me as I had zero mobility without a functioning power operated device. No one in my home means I had to hire someone to be there for me... Otherwise I'd still be sitting in a cab!

Given that this was an international trip to/from Spain, the Montreal Convention applies and so AA is liable up to XDR1131 for damage to checked baggage

Put a claim in writing, detailing how much expense that the damage caused and claiming that amount

worldiswide Dec 28, 2018 7:57 pm


Originally Posted by nyoka (Post 30581280)
Thank you. I am very familiar with the governing regulations and the CRO process. The problem is that across the board American failed on execution. Unfortunately closet storage is not an option for battery powered mobility services, so gate checking is the only way to transport it. Instead of asking the ground crew to get their act together and hurry up with it, the FAs chose to instead argue with me and make up bogus Customs regulations saying customs has to be hold the device, when the governing law (Air Carrier Access Act) calls for gate delivery. They claimed that they've been doing for 30 years and that was the first time they heard of this federal aviation law that's been on the books since 1986. In reality, I think they were trying to bully me into an airport chair so they could deplane. This has happened lots of times and I always just smile and say no thank you I'll just wait here and they realize their game is up, and miraculously the chair shows up in a couple of minutes, but these ladies were next level. I did ask for a CRO when it became clear they weren't going to help the situation but I don't think they called him because he only arrived after the gate service team called him once it became clear my chair was broken. Despite the chair being broken not one member of the in-flight crew stopped to help on the jet bridge and literally said "we're allowed to leave now." The CRO is the one who ordered the van without the lift, not some clueless clerk.

I did not mean to imply you were not familiar with the process and you were so courteous in your reply which I also thank you for. I think this boil s down to a device failure as you indicated and not actual compensation. That said, AA should be made aware of service failure and the behavior of the flight crew.

ryan182 Dec 28, 2018 8:15 pm

OP, how much did you have to pay to have someone assist you into your house?

mvoight Dec 28, 2018 8:38 pm


Originally Posted by Beltway2A (Post 30583006)
This is complete gibberish. You're conflating multiple issues including violation of the ACAA (which the DOT enforces), liability to a consumer under the ACAA, and intent for a state-law tort while also bandying about words like "illegal" without actually knowing what the word means.

I didnt bring up the word "illegal", the OP did. The OP it was illegal to not deliver the chair in the condition it had been received.

mvoight Dec 28, 2018 8:47 pm


Originally Posted by Dave Noble (Post 30583198)
Given that this was an international trip to/from Spain, the Montreal Convention applies and so AA is liable up to XDR1131 for damage to checked baggage

Put a claim in writing, detailing how much expense that the damage caused and claiming that amount

The only monetary damage due seems to be for the expense in hiring someone to meet the taxi at his house to help OP inside.
I cannot imagine that is a super large amount. I don't think he is legally entitled to pay for waiting for transport.
So, he can request AA pay for the attendant, and sue if they don't.
If this happened to me, it would not be worth the effort to proceed further, after making the compensation request again.


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