How to Sue an Airline in Small Claims Court

Baggage and refunds are two different claims

A baggage claim is about property: a bag that never arrived, arrived days late, or arrived crushed, and the things inside it. A refund claim is about money the airline took and did not give back, whether that is the fare itself or a fee you paid for a seat, a checked bag, or a service that was never delivered. They are built from different documents and they are written up differently on the form. If both happened on the same trip, they can go in the same case, but the court still needs each one itemized separately with its own figure.

The contract of carriage is the document the case runs on

Every airline publishes a contract of carriage, and it is the agreement you actually made when you bought the ticket. It sets out what the airline says it owes for delayed, damaged, and lost baggage, what it excludes, and the deadline for reporting a problem after you land. Those reporting deadlines are short and they are not the same at every airline. The ceilings on baggage liability are also not the same for a domestic trip as for an international one, because different rules apply to each. Which set applies to you depends on your itinerary, so pull up the version for your airline and the trip you took before you put a number on the form.

What the court will expect to see

The paper trail for a baggage case is specific: the itinerary or boarding passes, the bag tag receipt, the property irregularity report or delayed baggage report you filed at the airport, the claim reference number, and whatever the airline sent back in writing. Then comes the valuation, which is the part most people underdocument. Courts want an itemized list of what was in the bag with what each item cost and roughly when it was bought, plus receipts for anything you had to replace while the bag was missing. Photographs of a damaged bag or damaged contents belong in the file too. For a refund case the equivalent set is the booking confirmation, the charge on your statement, the cancellation or change notice, and the airline's written response.

Where you file and who gets served

Venue rules vary by state, and they generally follow where you are or where the transaction happened rather than where the airline is headquartered. The court has its own small claims ceiling and its own filing fee, both set locally, and neither of them is a national number. Serving an airline is not the same as emailing the claims department. An airline is a corporation with a registered agent for service in the states where it does business, and the papers have to reach that agent in the way your court requires. Airlines are corporate defendants and normally respond through an attorney or a company representative rather than ignoring the case. Getting the entity name and the service method right is what keeps the case from being thrown out on procedure.

Why not just download the free form?

The forms are free. Why pay?

The forms are free. Knowing what to write in them is not. Most rejected filings are rejected on the claim narrative, not the paperwork.

Can't I just hire a lawyer?

Most attorneys will not take a small claims-sized case, and the ones who will cost more than the claim.

What if I get it wrong?

You refile and pay the fee again. That is the actual cost of guessing.

Common questions

Can I sue an airline in small claims court?

Yes, passengers file small claims cases against airlines over baggage and refunds. The case has to be filed in a court that has venue and the airline has to be properly served as a corporation. Tell us your state and we take you to the right court and the service rules it uses.

How much can I sue an airline for after it lost my bag?

Two separate ceilings apply. Your state's small claims limit caps what the court can award, and the baggage liability rules for your itinerary cap what the airline is on the hook for, with different rules for domestic and international trips. Your itemized list of contents is what fills in the actual figure between them.

Do I have to file a claim with the airline first?

The airline's own contract of carriage sets a reporting deadline after the flight, and missing it gives the airline an argument that has nothing to do with the merits. Filing the baggage report at the airport and the claim afterward also creates the reference numbers and the written denial the court file is built from. Do it, keep the paperwork, then file.

How long do I have to report a damaged or missing bag?

It is short, it is set in the airline's contract of carriage, and it is different for domestic and international travel. Check the version published by your airline for the trip you took rather than a general figure from a travel blog. The date you reported it goes into the claim narrative.

The airline offered me a voucher. Can I still sue for cash?

A voucher you have not accepted is an offer, not a settlement. If you accept it and sign a release, that generally closes the matter, which is why the release language is worth reading before you click. Bring the offer with you, because the fact that one was made is part of the record.

Can I sue an airline over a delayed or cancelled flight?

What an airline owes for a delay is a different question from what it owes as a refund, and the two run on different rules. Money you paid for a flight or a service you never received is the kind of claim small claims courts handle every day. Compensation for the disruption itself depends on the contract of carriage and on the rules that cover your itinerary.

Where do I file if the airline is based in another state?

Venue usually follows where you are or where the transaction took place, not the airline's headquarters, and the exact rule is set by your state. Large airlines maintain a registered agent for service in the states where they operate. Pick your state and the court, the fee, and the service address come with it.