Airline liability for damaged baggage when you have no receipts
#1
Original Poster
Join Date: May 2010
Programs: UA, AA ,FB, Marriott, Enterprise,Amex
Posts: 82
Airline liability for damaged baggage when you have no receipts
Hello, I recently flew BA and my bag was destroyed. (Literally) I filed a claim via their website and also registered mail.
They are offering me 50% off the claim because I no longer have receipts for these items. Some were gifts and others I dont remember where or when I bought them.
The total claim is for £ 752 and they want to pay £ 376. The problem is, that doesnt cover everything that was destroyed.
Do I have to settle for half? Are they obligated to pay even though I dont have the original receipts? Is the next option to go to small claims court?
They are offering me 50% off the claim because I no longer have receipts for these items. Some were gifts and others I dont remember where or when I bought them.
The total claim is for £ 752 and they want to pay £ 376. The problem is, that doesnt cover everything that was destroyed.
Do I have to settle for half? Are they obligated to pay even though I dont have the original receipts? Is the next option to go to small claims court?
#2
Join Date: Nov 2005
Location: on the path to perdition
Programs: Delta, United
Posts: 4,786
Did you show them written replacement costs for the items from reputable merchants? If so I would politely reject their offer. If they deny the claim and given my previous success for suing an airline in small claims court that would be my next step.
#4
Join Date: Aug 2008
Location: PDX
Programs: DL, UA, AA, BA, AS, SPG, MR, IHG, PC
Posts: 862
If all else fails, definetly go the small claims route. My experience is that they will not contest your claim in court if there is any reasonable basis for your suit, but rather pay up. Of the six suits that I filed in the past ten years, I received five default judgements.
#7
A FlyerTalk Posting Legend
Join Date: Aug 2006
Location: Argentina
Posts: 40,211
Hello, I recently flew BA and my bag was destroyed. (Literally) I filed a claim via their website and also registered mail.
They are offering me 50% off the claim because I no longer have receipts for these items. Some were gifts and others I dont remember where or when I bought them.
The total claim is for £ 752 and they want to pay £ 376. The problem is, that doesnt cover everything that was destroyed.
Do I have to settle for half? Are they obligated to pay even though I dont have the original receipts? Is the next option to go to small claims court?
They are offering me 50% off the claim because I no longer have receipts for these items. Some were gifts and others I dont remember where or when I bought them.
The total claim is for £ 752 and they want to pay £ 376. The problem is, that doesnt cover everything that was destroyed.
Do I have to settle for half? Are they obligated to pay even though I dont have the original receipts? Is the next option to go to small claims court?
If so, then it might be tatty but far from destroyed. I reckon £10 would get you a replacement down the market.
#8
Join Date: Jan 2003
Posts: 3,775
Of the six suits that I filed in the past ten years, I received five default judgements.
My one and only experience of taking a legitimate claim through the "Small Claims" procedure involved both my son and myself losing two days from work each. Whilst the judge was prepared to rule against the wheel clamping company involved, he was very clear that he would only be willing to compensate for the value of the actual, receipted, losses incurred and would not entertain the notion of anything undocumented or unreceipted.
So, although my son got his money back from the clampers, and the money for the damage done to his car at their hands (filmed on CCTV and three repair estimates provided) intangibles such as our loss of earnings, costs of legal advice, transport costs to/from court were lost. If you also take into consideration the number of man-hours taken by two amateurs to prepare the case to go to court, and visits to the premises to take video evidence etc, we were probably out of pocket to the tune of a couple of hundred squids. The judge advised us to take a fifteen minute break and see if we could arrive at a settlement with the clampers over coffee.
Although we were still out of pocket, justice was done the following week when one of their clampers and the towaway driver were set upon and thrown into Portsmouth Harbour by a handful of taxi drivers!
Ii is not unreasonable to ask for receipts if the items being claimed are quite new - after all, while something is still under guarantee you (or whoever bought it as a gift) would be reasonably expected to be able to provide a receipt or evidence of purchase - credit card statement, bank statement etc. If no receipts are offered, would that not appear as though someone might be trying to "pull a fast one?"
#10
Join Date: Dec 2009
Posts: 57
You shouldn't need legal advice for a small claim, the process is really very simple, and I assume you asked for the case to be heard at your local court, so minimising inconvenience to you?
#11
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Travel Insurance
Time is money. Presuming that you are employed, just how little do you earn that you want to sit around court?
File a claim against your travel insurance and they will sort it out with BA through subrogation. You will take the claim payment and go on your way.
File a claim against your travel insurance and they will sort it out with BA through subrogation. You will take the claim payment and go on your way.
#12
A FlyerTalk Posting Legend
Join Date: Aug 2006
Location: Argentina
Posts: 40,211
By a ravenous pack of wolves.
#13
Moderator: British Airways Executive Club
Join Date: Nov 2010
Location: TPA/ABZ
Programs: BA Lifetime Gold. GGL/CCR.
Posts: 13,248
By a ravenous pack of wolves.
#14
Join Date: Mar 2012
Location: Canterbury, UK
Programs: BA Gold, IHG Diamond + Ambassador, Accor Gold, Avis President's Club, Heathrow Rewards
Posts: 2,471
In your original post on this issue, you referred to "My few staple clothes" - if there were only a few of them, were they all from Prada? You also mention valuables and expensive books, but apart from the obvious rule not to put valuable stuff in checked baggage, isn't it a bit strange not to have receipts for those?
Small claims courts are quite good for minor cases like this, although I very much would hope no judge would just assign you an award without any reasonable documentation to back up your claims.
#15
Moderator: British Airways Executive Club
Join Date: Nov 2010
Location: TPA/ABZ
Programs: BA Lifetime Gold. GGL/CCR.
Posts: 13,248
I couldn't agree more. OP, please tell us that you have travel insurance?