Bird Strike [rejected UK261 claim]

Old Mar 30, 2024, 9:31 am
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Bird Strike [rejected UK261 claim]

Hi All. Just asking advice and useful information.

BA Flight out of YYZ was delayed 24 hours at the gate. No reasons given, aircraft plane was there at the gate , ground staff unhelpful but stated there were crew issues.

I applied for compensation under the rules and after 5 weeks BA replied stating it was a bird strike and the plane required parts so no can do. For a variety of reasons I have suspicion about this claim.

Airlines are required to report bird strikes and FAA have a database of all these reports. There is no record of any airline recording same for that date. In fact having downloaded the database there are no reported strikes at all by BA into Pearson.

It could be that the strike was in UK airspace and the UK data, no surprise, seems to be well out of date and not published yet.

Could I ask if anyone has experienced airlines avoiding compensation claims by using spurious incidents and proving this?

Anyone got experience of asking airlines to support their claim ?

Anyone know if the CAA database is more accessible? I guess I can use an FOI.
I would post the URL of the CAA database link I used if i could.

Many thanks in advance.

Last edited by Prospero; Mar 30, 2024 at 9:35 am Reason: Adjust text colour for dark mode readers
Auphilman is offline  
Old Mar 30, 2024, 9:33 am
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When you finally departed, what explanation did the captain provide during his welcome announcement?
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Old Mar 30, 2024, 9:42 am
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If you give the date of the flight, I'm sure someone can find out.
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Old Mar 30, 2024, 10:05 am
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Pretty sure it would be Transport Canada in this case and not the FAA but write to BA and ask if thats their final decision as you wish to go to CEDR and BA will have to provide CEDR evidence to show that they arent liable. From the examples Ive seen its quite detailed and theres no cost to you if CEDR rule against you, Alternatively if you want someone else to do the legwork, Bott and Co another firm will pursue if its valid for around. 30% of the claim, Id imagine that would be from duty of care costs too but you can check their T&C out if you want to use them.
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Old Mar 30, 2024, 10:08 am
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Originally Posted by Auphilman
BA Flight out of YYZ...

...Airlines are required to report bird strikes and FAA have a database of all these reports. There is no record of any airline recording same for that date. In fact having downloaded the database there are no reported strikes at all by BA into Pearson.
YYZ is in Canada.
FAA regulates civil aviation in the United States
BA is is headquartered in England, United Kingdom
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Old Mar 30, 2024, 10:32 am
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Originally Posted by Auphilman

Airlines are required to report bird strikes and FAA have a database of all these reports. There is no record of any airline recording same for that date. In fact having downloaded the database there are no reported strikes at all by BA into Pearson.
Does the FAA routinely report bird strikes on non-US airlines at airports outside the US?
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Old Mar 30, 2024, 11:58 am
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Originally Posted by Auphilman
Airlines are required to report bird strikes
Perhaps one of the insiders can confirm the position on this. But a quick Google search led to this page from Transport Canada which states:

Despite progress made by North Americas aviation industry in reporting wildlife strikes, many continue to go incompletely reported or unreported altogether. Wildlife-management experts believe only 20 percent of all strikes are reported; reporting rates are likely lower in many developing countries where strike reporting is inconsistent or non-existent.

Strike reporting is not mandatory in most jurisdictions. Transport Canada and the FAA actively encourage reporting by aviation industry stakeholders, but currently have no regulatory authority to compel them to do so.

(My bolding)

Originally Posted by Auphilman
Could I ask if anyone has experienced airlines avoiding compensation claims by using spurious incidents and proving this?
A bird strike seems too specific a reason to be used as a spurious excuse to deny compensation. It would be easily proved/disproved if the case ever got to arbitration or litigation. If an airline wanted to deny valid compensation claims, I suspect they would attempt to hide behind vaguer extraordinary circumstances language.
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Old Mar 31, 2024, 1:35 am
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Originally Posted by GM1985
A bird strike seems too specific a reason to be used as a spurious excuse to deny compensation. It would be easily proved/disproved if the case ever got to arbitration or litigation. If an airline wanted to deny valid compensation claims, I suspect they would attempt to hide behind vaguer extraordinary circumstances language.
Well, they didn't name the species of bird...
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Old Mar 31, 2024, 3:30 am
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Originally Posted by seattlebruce
Well, they didn't name the species of bird...
Breaking news...
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