Lost, Delayed, or Damaged Checked Baggage: What Airlines Owe You Under Federal Law

Jun 23

Your flight landed. You waited at baggage claim. And waited. And waited. The carousel stopped — and your bag never appeared. Or maybe your bag did arrive, but its handle was snapped off, its wheels were crushed, or its contents had destroyed or stolen.

Mishandled baggage is one of the most common air travel complaints in the United States, affecting millions of passengers every year. What most passengers don't realize is that federal law requires airlines to compensate you when your checked baggage is lost, delayed, or damaged while in the airline's custody. Airlines, however, routinely downplay your rights, impose their own internal limits, and hope you don't push back. This article explains exactly what you are owed, what the federal limits are, and how to file a claim with each major U.S. airline.

The Federal Law: 14 CFR Part 254 and the Montreal Convention

Domestic Flights: 14 CFR Part 254

For domestic U.S. flights, your rights are governed by 14 CFR Part 254 — Domestic Baggage Liability. This regulation was most recently updated effective January 22, 2025, when the DOT raised the baggage liability limit from $3,800 to $4,700 per passenger. Under 14 CFR § 254.4, an airline must not limit its liability for provable direct or consequential damages resulting from the disappearance of, damage to, or delay in delivery of a passenger's personal property to an amount less than $4,700 for each passenger. This applies to all domestic flight segments operated on large aircraft (more than 60 passenger seats), or any flight segment on the same ticket as a large-aircraft segment. Full text: 14 CFR Part 254

The $4,700 limit is per passenger, not per bag.
It covers the depreciated value of the bag and its contents.
Airlines may not impose arbitrary sub-limits (such as a $50/day cap on delayed baggage reimbursement) that would result in total compensation below $4,700.
Airlines are free to pay more than $4,700, but may not limit liability to less.

International Flights: The Montreal Convention

For international flights — including international portions of trips that also include domestic segments — your rights are governed by the Montreal Convention of 1999. The liability limit for checked baggage is approximately 1,288 Special Drawing Rights (SDRs) per passenger, which converts to roughly $1,700–$1,800 USD at current exchange rates. Official DOT resource: DOT — Lost, Delayed, or Damaged Baggage

What Airlines Owe You for Each Type of Baggage Problem

Delayed Baggage

When your bag does not arrive on your flight, the airline's obligation begins immediately. You are entitled to reimbursement for reasonable and necessary interim expenses — the items you genuinely need while away from home without your belongings. This commonly includes toiletries, replacement clothing, and other items essential to your trip's purpose, such as business attire for a work trip.

Airlines often post internal limits of $50–$200 per day, but the DOT has made clear that arbitrary daily caps that result in total reimbursement below $4,700 violate 14 CFR Part 254. The DOT enforced this position in a 2010 consent order, among other actions. If your bag is delayed for an extended period — typically 5 to 21 days depending on the airline — the airline will usually declare it lost and your claim moves to the lost baggage category.

Lost Baggage

Once an airline declares your bag lost, you are entitled to compensation for the depreciated value of the bag and all its contents, up to the $4,700 federal limit for domestic flights. Airlines will typically ask for receipts or proof of purchase, descriptions of the bag and its contents, and an itemized list with values. Airlines are also required to refund any checked baggage fees you paid for the lost bag.

Airlines may exclude certain high-value or fragile items from their liability — electronics, jewelry, cash, medications, antiques, and similar items. Review the airline's contract of carriage for specific exclusions, but be aware that these exclusion lists cannot be used to reduce total compensation below the $4,700 federal minimum.

Damaged Baggage

When your bag or its contents are damaged while in the airline's custody, you are entitled to repair costs if the bag can be repaired, replacement value (depreciated) if it cannot, and compensation for damaged contents, subject to depreciation and documentation requirements.

Airlines will often attempt to deny damage claims by arguing that damage was due to an "inherent defect" in the bag or improper packing. These defenses are legitimate in some cases, but airlines sometimes apply them improperly to avoid paying legitimate claims. If your bag was clearly damaged by airline mishandling — crushed wheels, broken handles, torn zippers — you have a valid claim.

Report damaged baggage immediately. Most airlines require that damage be reported at the airport before you leave, typically within 4 to 24 hours of arrival for domestic flights. Do not leave the airport with a damaged bag without filing a Property Irregularity Report (PIR) with the baggage service office.

What Airlines Are Not Allowed to Do

The DOT has been explicit about certain airline practices that violate federal law:

Airlines may not post signs categorically refusing to compensate passengers for certain types of items.
Airlines may not impose arbitrary daily limits on delayed baggage reimbursement that result in total compensation below the federal minimum.
Airline agents may not discourage or refuse to accept reports of damage.

Helpful Links to File a Baggage Claim with Airlines

American Airlines: https://www.aa.com/i18n/customer-service/contact-american/delayed-damaged-baggage.jsp

Damaged bags must be reported within 4 hours of domestic arrival; delayed bags within 24 hours.

Delta Air Lines: https://www.delta.com/us/en/baggage/delayed-lost-damaged-baggage

For tickets issued on or after October 8, 2025, damaged bag claims must be reported within 6 hours of arrival; for earlier tickets, within 24 hours.

United Airlines: https://www.united.com/ual/en/us/fly/travel/baggage/delayed.html

United also accepts delayed bag reports via text: text BAGS to 32050, through the United app, or via online chat.

Southwest Airlines: https://www.southwest.com/baggage-claim

Damaged bags must be reported within 4 hours of domestic arrival.

Alaska Airlines: https://www.alaskaair.com/content/travel-info/baggage/delayed-or-damaged-baggage

Alaska offers a 20-minute baggage guarantee: if your bags do not arrive within 20 minutes of your gate arrival, you can claim 2,500 Mileage Plan miles or a $25 discount code by contacting the baggage office within 2 hours.

JetBlue Airways: https://www.jetblue.com/help/baggage-problem

Delayed and damaged bag reports required within 4 hours of domestic arrival.

Spirit Airlines: https://www.spirit.com/faqs/baggage

Frontier Airlines: https://www.flyfrontier.com/travel-info/baggage/lost-or-damaged-baggage/

Step-by-Step: What to Do When Your Bag Has a Problem

At the airport (do this before you leave)

Go directly to the airline's baggage service office, usually located near baggage claim.
File a Property Irregularity Report (PIR) and get a written report number.
Photograph the damage to your bag before leaving the airport.
Keep all receipts for expenses you incur while your bag is delayed.

After the airport

File your online claim using the appropriate airline link above, as soon as possible.
Keep itemized records of everything that was in your bag, with estimated values and purchase dates.
If the airline's offer is inadequate, reference 14 CFR Part 254 (domestic) or the Montreal Convention (international) in your written response.
If the airline refuses to comply, file a DOT complaint: https://airconsumer.dot.gov/consumer/s/complaint-form

DOT and Government Resources

When Your Problem Is More Than a Mishandled Bag

For most passengers, a lost bag is the worst thing that happens to them during their airline travel. Unfortunately, some passengers suffer injuries or death.

The Airline Lawyer is America's premier law firm for airline injury cases. Attorney Mahmoud "Mach" Khatib spent over 18 years working for Delta Air Lines and Northwest Airlines. As an airline insider, he has an unparalleled understanding of airline operations and theories of liability. That's why The Airline Lawyer is the ace for your airline injury case.

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The Airline Lawyer is the registered trade name of Khatib Law LLC. This article is for informational purposes only and does not constitute legal advice.

Mahmoud Khatib