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Into Thin Air
ChrisCrossings · October 5, 2001

Q: We were about to board an America West flight when the attendant informed us that we could not take our bags on the plane even though they met the size and weight requirements. I explained that I did not wish to release the bags because they contained expensive computer equipment that I could not afford to lose. In good faith, I finally relinquished custody with the understanding that I would see these bags again. Well, I never did. They vanished into thin air! My total loss for the trip was $15,000.

To add insult to injury, America West refuses to give me one cent for my loss. The reason: My son had lost a bag on a trip three years prior-on another airline. Because I could not remember the exact date of the loss, I told them I had not filed any claims in the last three years. Apparently, they have a list of everyone who ever filed a claim. They are denying my claim on this technicality. But why do they need to ask the question in the first place, if they already have the answer? And what does it have to do with this claim?

- Mary Ann Epstein

A: Nothing. If America West is unable to recover your luggage, then it should reimburse you for its incompetent handling of your property. Federal law stipulates a maximum liability-currently, it's $2,500 per ticketed passenger-but it doesn't compel a carrier to pay passengers the full amount. You may have to consider other remedies.

Your problem is exacerbated by the circumstances of your loss. Your luggage met the size and weight requirements within the U.S. and Canada (in fact, you were well below the limits). The airline didn't inform you that you could purchase additional liability insurance up to $5,000 per passenger at a rate of $5 per $100 of valuation-a pretty good deal in retrospect. As I read the details of your case, I also note that there appeared to be plenty of room for your luggage, which means this unfortunate loss could have easily been prevented.

America West is also among the major U.S. airlines most likely to lose your luggage, if the numbers collected by the government are to be believed. The latest figures show that about one passenger on every America West flight will have his or her checked-in baggage "mishandled"-a general term for "lost, damaged, delayed or pilfered baggage." To be fair to America West, its record seems to be improving, but it's still got a long way to go before experienced travelers will trust it.

My recommendation is that you stop dealing with the customer service department at America West. Like almost every other airline customer service department, they're experts in stonewalling. Even if you succeed in reversing their position, it's likely to cost you more time than the effort is worth. Instead, take your complaint to the government-and your case to court.

By contacting the Aviation Consumer Protection Division at the U.S. Department of Transportation, you'll ensure that America West will suffer another "demerit" on its record (and while complaint numbers aren't released by airline, the general number of complaints are-and that lights a proverbial fire under the entire commercial aviation industry.) Write to the agency at Room 4107, C-75, Washington, DC 20590. Or you can call it toll-free at 800-255-1111; outside the U.S., call 202-366-2220. Or e-mail airconsumer@ost.dot.gov

Meantime, find a good lawyer or consider taking the matter to small-claims court.

Christopher Elliott's column appears weekly on this site. All e-mailed questions to ChrisCrossings become property of Ticked.com and may be edited, condensed or republished at the site's discretion. You may reach Elliott at chris@ticked.com. Or visit his home page at http://www.elliott.org.