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

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

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Old Nov 16, 2013, 10:36 am
  #16  
 
Join Date: Mar 2007
Location: CLE
Programs: UA Gold, HH Diamond, Marriott Gold
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With the bar code tracking, it should be easily found. I watched UA input bar codes as they took bags from the area where they are put before boarding and then as they loaded those bags into the cargo hold. While I suppose it's easy to miss inputting a code where the baggage looks like it contains valuable items, it might be easy to "miss" inputting the bar code and taking the items from the luggage. And of course their waiver for expensive items lets UA off the hook.
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Old Nov 16, 2013, 1:20 pm
  #17  
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Originally Posted by planes&trains
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.
Did you tell UA that your iPad was showing at LAX? The app can narrow down the location pretty good if it is a strong signal. And the iPad showing in LAX would show 1 of 2 things. Where the bag was or where the person who swiped it out of the bag kept it and then tossed your bag so it would not look like a theft but a lost bag.
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Old Nov 16, 2013, 3:06 pm
  #18  
 
Join Date: Nov 2013
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The problem here is OP has no proof that he was instructed not to file a claim by multiple UA agents. OP was too nice and trusting.
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Old Nov 16, 2013, 3:20 pm
  #19  
 
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Originally Posted by mdpdjx
The problem here is OP has no proof that he was instructed not to file a claim by multiple UA agents. OP was too nice and trusting.
Doesn't really matter. OP will file a DOT complaint and UA will pay him. And all will be well with the world.
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Old Nov 16, 2013, 3:21 pm
  #20  
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I told the one I spoke with on the phone (as well as when I stopped by at the airport office after a week) that I can find the iPad still in LAX, so likely the bag is at the airport.

That was my big hope, that it was not stolen and I will find it. Of course, they thought it was good news as well, that the bag is still at the airport.

Chase sent me some attachments I have to complete. What fun. Thanks everyone for the tips. It never occurred to me that my home insurance covers this nor that I should call the credit card. I have had bags delayed and airlines paid incidentals but first time I lost a bag. I was in denial.

Thank you for the DOT tip as well.
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Old Nov 16, 2013, 3:30 pm
  #21  
 
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Originally Posted by planes&trains
I told the one I spoke with on the phone (as well as when I stopped by at the airport office after a week) that I can find the iPad still in LAX, so likely the bag is at the airport.

That was my big hope, that it was not stolen and I will find it. Of course, they thought it was good news as well, that the bag is still at the airport.

Chase sent me some attachments I have to complete. What fun. Thanks everyone for the tips. It never occurred to me that my home insurance covers this nor that I should call the credit card. I have had bags delayed and airlines paid incidentals but first time I lost a bag. I was in denial.

Thank you for the DOT tip as well.
Just be aware that, if you file a DOT complaint and get paid, you might owe that money back to the "insurance" company that pays out your credit card claim.
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Old Nov 16, 2013, 4:05 pm
  #22  
 
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Originally Posted by WineCountryUA
agreed plus doing independent research (to read the website)
such as Rule 28.K.1.e
Given that the bag ended up at LAX (where I assume the OP resides) any dispute is under CA law. I have no doubt that in CA, if the OP says that UAL kept telling him to wait, and given his seeing it at LAX for two weeks, that any court will find in his favor.

I also seriously doubt that a 46 page set of rules that ARE NOT GIVEN TO HIM WITH HIS TICKET, and are not part of the "fare rules" that you can see on the web-site when you buy the ticket from UAL will be worth the paper they are printed out on in a CA court.

IMHO the "rules" would need to be on the SAME sheet he SIGNED or acknowledged having read (as with a pre-printed form) for them to be given any currency by a California Court. Even then a Court might not enforce a rule like this even on a pre-printed form. Something not made available to him upon purchase and that he is not told to review or he waives legal rights? Good luck enforcing that in a California Court.

Now if he lived in some state like Texas, he can just bend over, Texas does not really have courts of "justice", but California does...
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Old Nov 16, 2013, 4:18 pm
  #23  
 
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Originally Posted by spin88
Given that the bag ended up at LAX (where I assume the OP resides) any dispute is under CA law. I have no doubt that in CA, if the OP says that UAL kept telling him to wait, and given his seeing it at LAX for two weeks, that any court will find in his favor.

I also seriously doubt that a 46 page set of rules that ARE NOT GIVEN TO HIM WITH HIS TICKET, and are not part of the "fare rules" that you can see on the web-site when you buy the ticket from UAL will be worth the paper they are printed out on in a CA court.

IMHO the "rules" would need to be on the SAME sheet he SIGNED or acknowledged having read (as with a pre-printed form) for them to be given any currency by a California Court. Even then a Court might not enforce a rule like this even on a pre-printed form. Something not made available to him upon purchase and that he is not told to review or he waives legal rights? Good luck enforcing that in a California Court.

Now if he lived in some state like Texas, he can just bend over, Texas does not really have courts of "justice", but California does...
There is massive federal preemption when it comes to this stuff. And the CoC really does matter. Normal contract principles are only marginally relevant.

And I say all that even though I agree with you in the end, that the OP was entitled to rely on the representations of UA's agents.
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Old Nov 16, 2013, 6:57 pm
  #24  
 
Join Date: Oct 2012
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Originally Posted by planes&trains
...my home insurance covers this...
Yes, but they might also raise your premium next year.
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Old Nov 16, 2013, 6:59 pm
  #25  
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Originally Posted by flyingnosh
Yes, but they might also raise your premium next year.
And depending on your deductible it may not even be worth it.
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Old Nov 16, 2013, 7:13 pm
  #26  
 
Join Date: Nov 2013
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Agree

Originally Posted by flyingnosh
Yes, but they might also raise your premium next year.
I agree it is a bad idea to file a claim withnyour homeowner insurance. The premium could go up quite a bit.
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Old Nov 16, 2013, 7:55 pm
  #27  
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Originally Posted by mdpdjx
I agree it is a bad idea to file a claim withnyour homeowner insurance. The premium could go up quite a bit.
Why say this? Historically, premiums have not risen as the result of claims which are generated by random events not likely to be repeated. Put simply, it's no more likely that this situation will repeat itself for OP than for anybody else.

I have never heard of a person who has had their premiums raised as the result of a lost baggage claim. If you have data, it would be good to know.
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Old Nov 16, 2013, 9:17 pm
  #28  
 
Join Date: Oct 2007
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Many years ago, UA tried to pull this stunt on me. I sent a nice letter, can't recall to whom exactly, pointing out that I flew UA all the time, I trusted them with my bag, they lost it, I told them in a timely fashion and listed many distinguishing items in the bag so they could ID it if name tags were gone. I said they admit they lost my bag, they should do what is right and pay me per their reimbursement policies. They did.

But that was long ago when UA really cared about their elites. And I'd never trust them again with the "just wait a while to see if we can find it" nonsense.
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Old Nov 17, 2013, 12:23 am
  #29  
 
Join Date: Jul 2008
Location: Maryland
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Originally Posted by morelegroom
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.
UPDATE United has found the bag in dayton Ohio sent to to HNL and then "entrusted it" to some kind of ly by night bizarre firm. UA says they have a 6 hour window to deliver the bag. When i asked why ihe said "its policy" Whose policy "the company" which company "the delivery company" but they are your contractor, so you had to agree to the policy even though it is unfair to the customer. He refused to accept that United had any responsiblity for their contractors and told me if I had a complaint to go to the website.
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Old Nov 17, 2013, 6:30 am
  #30  
 
Join Date: Feb 2008
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Originally Posted by mgcsinc
There is massive federal preemption when it comes to this stuff. And the CoC really does matter. Normal contract principles are only marginally relevant.

And I say all that even though I agree with you in the end, that the OP was entitled to rely on the representations of UA's agents.
I am happy to be corrected by an aviation lawyer on this, but I think the truth as I understand it is more that (1) the airlines claim that they have some type of absolute "pre-emption" but in fact (2) all they really have is the "filed rate doctrine" and that has no applicability in the face of oral representations and conduct by UAL. My experience is in telecommunications which use similar doctrines to try to protect themselves from liability, but I think the principles apply for airlines as well.

Put another way, if UAL incorporated the T of C quoted into their contract via the filed rate doctrine AND by reference and someone who had no dealings with UAL, did not file a claim, and suddenly came forth 6 months later and said they lost their bag, it might (probably would) fly. But once he started talking to UAL and filing paperwork, no way that the Aviation Consumer Protection Group at DOT or most court's will find it a defense.
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