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Lost Luggage. Airline and Travel Insurance claim questions

London
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Lost Luggage. Airline and Travel Insurance claim questions

Hi there.

Came back from Paris just before new year and my bag never turned up on the carousel.

I registered the lost claim with baggage services and Air France.

Air france asked me for a list of items so that when the scan lost bag they could get some sort of idea if it was mine.

After 10 days No bag has turned up.

Air France has told me to fill out a claim form. Can the you please try and answer the following for me:-

1) Both my other half and myself were using that lost bag to carry belongings. Can we "each" make a claim under the Montreal convention?

1a)Air France has asked i submit a claim before the 21 after the initial report.Is this normal

2)Would that amount be around €1000 each?

3)At what point will my travel insurance take over? They are aware that we are making a claim with Air france.How do they decide at what point they pay?

4)Since we were heading back home, the travel insurance firm has said that I cannot make a claim for lost luggage since this is designed for people actually travelling to their outward destination.However They will see about lodging a claim as under personal effects.Though this has yet to be seen. Is this normal procedure?

5)They too have said that we each can put a claim in to a certain amount.

Thanks again for anyones help and apologise for taking up anyones time if this is the incorrect forum

Regards

John

Bangkok
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for Bangkok, Air Travel, Thailand
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1. Re: Lost Luggage. Airline and Travel Insurance claim questions

Hi,

1) Both my other half and myself were using that lost bag to carry belongings. Can we "each" make a claim under the Montreal convention?

==> No.. Only the passengers who name appears on the tag has claim rights. You can divide any settlement proceeds as you like, but AF will only settle and deal with the named passenger. The fact you've voluntarily commingled property in your bag, doesn't then create a second or third claimant in these matters.

1a)Air France has asked i submit a claim before the 21 after the initial report.Is this normal

==> Yes.. They are using the items INSIDE to see if; 1) perhaps your bag opened and the contents spilled out.. 2) They also ask because sometimes the bag handle or where the bag tag is affixed is torn off-- so the contents becomes a good ID test... It's not uncommon..

2)Would that amount be around €1000 each?

==> The MAXIMUM that AF is liable for is stipulated under Convention language (assuming this was international travel and not wholly domestic travel).. Unless you bought and paid for a higher liability level in advance with AF, at the time of travel, their *maximum* liability is capped-- regardless of your *actual* loss.

3)At what point will my travel insurance take over? They are aware that we are making a claim with Air france.How do they decide at what point they pay?

==> First, uou can't "double-dip" or be paid twice for the same event.. In most cases your private insurance will want to see (and sometimes verify) the airlines final settlement offer and Discharge Of Liability form that you'll commonly have to sign before they'll issue a settlement payment.

Once your insurance carrier determine what your loss is *under that policy* they'll usually deduct what the airline has already paid you (hence no double-dipping) and issue compensation-- up to whatever is either the policy limits or your insurable loss; whichever is lower.

4)Since we were heading back home, the travel insurance firm has said that I cannot make a claim for lost luggage since this is designed for people actually travelling to their outward destination.However They will see about lodging a claim as under personal effects.Though this has yet to be seen. Is this normal procedure?

==> Each policy has it's own specific terms of coverage-- and unless local or national insurance laws say otherwise, their terms of your policy binder will prevail.

5)They too have said that we each can put a claim in to a certain amount.

==> If your private insurer will accept a claim for EACH of you, then that's their call.. The airlines aren't bound by that issue-- they are only bound by either national law or international aviation convention.. and that can vary from what national insurance laws say.

Travel Safe,

Edited: 6:46 pm, January 08, 2013
London
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2. Re: Lost Luggage. Airline and Travel Insurance claim questions

Fantastic.If your ever in need of any good advice for tuscany I will gladly repay you for your help and efforts.

We were indeed travelling that same day from another european destination. and had a 2 hour stop over in Paris.

You mention international law regarding Air France. Do you know the maximum amount we can lodge as a claim?

Thanks

John

Bangkok
Destination Expert
for Bangkok, Air Travel, Thailand
Level Contributor
15,466 posts
71 reviews
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3. Re: Lost Luggage. Airline and Travel Insurance claim questions

Hi,

"You mention international law regarding Air France. Do you know the maximum amount we can lodge as a claim?"

Depending on where your travel started and terminated, it will be either the older Warsaw Convention or the newer Montreal Convention..

Warsaw's maximum is easy as it's fixed.. in layman's terms* it's US$20/per kilo.. and under Warsaw it's ONLY based on WEIGHT, not VALUE of what is now lost- so 20kgs of beach sand gets the same payment as 20kgs of designer clothes..

(Warsaw technically uses a different monetary form, but is commonly quoted in USD's)

Montreal Convention is a bit more complicated as it is subject to inflationary rate revision *AND* uses a non-currency monetary form called an SDR or Special Drawing Right, which is an International Monetary Fund (IMF) weighted "basket" of currencies..

Montreal uses this SDR so that the compensation amount is not based *only* on the USD, but a weighted basket of major foreign currencies.. Naturally when you are actually *paid* they'll just convert the settlement SDR amount into a actual national currency at the then applicable rate as an SDR is (as noted earlier) not a actual issued currency.

As I recall, the current *maximum* that Montreal allows for is 1,131 SDR's, or about US$

And.. under Montreal it uses the VALUE of the items now lost.. Remember that like many insurance loss cases, the "value" you think it is, may differ from what the carrier thinks it is due to issues like depreciation etc..

So be prepared for that if it comes to pass.. This part of Montreal-- the use of value-- is a bit more complicated versus the older Warsaw, which was a strictly weight based methodology.

What's a SDR worth:

imf.org/external/np/fin/data/rms_sdrv.aspx

Travel Safe,

London
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4. Re: Lost Luggage. Airline and Travel Insurance claim questions

Thank you again

John

5. Re: Lost Luggage. Airline and Travel Insurance claim questions

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