Lost and Damaged Baggage: 2026 Guide
Lost and damaged baggage in 2026 is governed by the Montreal Convention (international flights, $1,700 USD liability cap), the Warsaw Convention (older treaty still in force for some routes), and DOT rules for US domestic flights ($3,800 per passenger cap). Here is how to claim under each regime.
The Three Baggage Rule Regimes
Lost and damaged baggage 2026 claims fall under one of three regimes:
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Montreal Convention (1999): all international flights between signatory countries (most of the world). Liability capped at 1,519 Special Drawing Rights (approximately $1,700 USD in 2026) per passenger for baggage.
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Warsaw Convention (1929, amended 1955): remaining international routes where Montreal is not ratified (rare). Much lower cap, roughly $640 USD per passenger.
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US DOT domestic rule: 14 CFR 254.4 sets a minimum liability of $3,800 per passenger for US domestic flights.
The liability caps are per passenger, not per bag. A family of four flying internationally has $6,800 USD of combined baggage liability under Montreal. A family of four flying domestically has $15,200 USD under DOT minimums.
When to File: The 21-Day Rule
For damaged baggage under Montreal Convention, you must file written notice of damage within 7 days of receipt. For delayed baggage (arriving later), the window is 21 days from delivery. For lost baggage, the bag is considered officially lost after 21 days of non-arrival, and the claim window opens. Missing these deadlines can bar the claim entirely.
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Damaged baggage: file at the airport baggage service office before leaving.
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Delayed baggage: file the "property irregularity report" (PIR) at the airport, get the reference number.
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Still missing after 21 days: convert to a lost baggage claim.
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Final written claim: within 2 years of the arrival date (Montreal 35(1)).
What Airlines Actually Pay
Airlines rarely pay the full cap. Typical 2024 and 2025 data:
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Damaged bag: airline offers 30 to 50 percent of documented loss. Push back with receipts and photos for closer to 80 to 100 percent.
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Delayed bag: airline reimburses reasonable interim essentials (toiletries, underwear, one set of clothes) up to $100 to $250 per day.
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Lost bag: airline offers the cap on presentation of documented contents inventory with receipts. Without receipts, airlines offer roughly $200 to $400 per passenger.
For airline-specific claim processes see Southwest lost bag claim process and payout, Breeze Airways lost bag, Sun Country lost bag, Alaska Airlines lost bag, Frontier lost bag, Delta lost bag, and JetBlue lost bag.
Declaration of Value
Under Montreal Article 22(2), you can declare a higher value for baggage at check-in for an additional fee (typically $3 to $15 per $100 of value). This raises your cap above the 1,519 SDR Montreal limit. For bags containing high-value items (jewelry, cameras, mobility equipment, musical instruments), declaring value is often the difference between recovering $1,700 and recovering full value.
Mobility equipment bypasses the Montreal cap. Wheelchairs, scooters, and medical devices are not subject to the 1,519 SDR limit under both EC 1107/2006 and 14 CFR 382. Full replacement value is required for damage. See montreal convention baggage limit 2026 for the exact mechanics.
Documentation to Gather
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Baggage claim tags: the attached stubs from check-in.
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PIR reference number: from the airport baggage service office.
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Receipts for contents: original purchase receipts for anything over $50.
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Photographs: of damage, missing items on a floor, and the bag interior.
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Inventory list: every item, with estimated value.
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Replacement receipts: what you bought to replace essentials during the delay.
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Flight details: boarding pass, itinerary.
Claim Process
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At the airport: file the PIR before leaving. Get the reference number and airline contact information.
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Within 7 days (damaged) or 21 days (delayed): submit written claim via airline website with all documentation.
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Follow up at 30 days if no response.
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File DOT complaint at 45 days if unresolved. DOT takes baggage complaints seriously.
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Small claims at 90 days if airline refuses or lowballs.
Interaction with Insurance
Travel insurance and credit card baggage benefits usually cover the gap between airline liability and actual value. Typical credit card baggage benefit pays up to $2,500 to $3,000 for delayed or lost baggage, usually on top of airline payment. Check your policy for subrogation language.
See does travel insurance count as airline compensation for the insurance interaction details, and baggage claim vs travel insurance double recovery for the specific baggage angle.
Authority Sources
For primary regulatory texts and official guidance cited in this guide, see Montreal Convention (ICAO PDF), 14 CFR Part 254 Baggage Liability, DOT Baggage Guidance.