Sue Delta Airline?

What is the name of your state? Arizona

Hello, I would really appreciate your help. My brother and his family live in a foreign country. They came to visit us for my wedding in June 05 and travelled with Delta. The airline lost one of his bags: all the necessities for him, wife and small child. We filed the claim in the required time for $2700 property loss: their processing time was supposed to be 10 weeks. I called them 3 months ago, after the 10 weeks had passed and they had lost the documents. I refaxed them. It has now been another 12 weeks since resending the docs, still no word on the claim.

Their claim specialists have been rude, they do not return calls, noone answers their phones. My brother is constantly bugging me to check on this claim, and at this point, I believe, they will not pay on the claim. Please, advise, if I can file a suit on his behalf against Delta? Is small claims court suitable? Any risks? Delta had bankrupted but continue operations.

Thank you very very much for your advice.
Kind Regards.
Maggie

Bad news in dealing with Delta Airlines is that they are in Bankruptcy. File suit and cross your fingers.

Maggie there is also the possibility that Delta is having trouble with a claim of $2700 US for a single bag. The maximum limit per bag for INTL travel is $640 unless your relatives declared excess valuation (which almost never happens because you have to pay a fee to declare that.) Read the following from Delta's website:

Declaring Baggage Value
Liability for loss, delay or damage to baggage will be limited unless a higher valuation for checked baggage has been declared and additional charges paid at check-in (see below).

Domestic Liability Limit: $2,800 per ticketed passenger.
International Liability Limit (governed by the Warsaw Convention): $9.07 per lb. up to $640 per bag (U.S. Dollars).
International Liability Limit (governed by the Montreal Convention): 1000 SDR (Special Drawing Rights) per ticketed passenger.
SDR (Special Drawing Rights) is an International Monetary Fund unit of currency. SDR's will be converted to U.S. Dollars using the rate in effect on the mishandled baggage settlement date.

We also trust you will understand that luggage is designed to protect its contents. In the course of normal handling your luggage may show evidence of wear and tear. Delta assumes no liability for minor cuts, scratches, and dents, or for items that protrude from luggage, such as retractable handles, wheels and luggage feet.

Baggage liability restrictions and exceptions:

Maximum liability is not automatic—damage or loss value must be proven.
No maximum liability applies to wheelchairs or assistive devices.
Delta is not liable for unsuitably packed items.
Delta is not liable for loss, damage, or delay of baggage that may result from a security search conducted by any local, state, or federal agency.
See Delta's Contract of Carriage for complete Baggage Liability rules.

Excess Valuation
Delta Air Lines is not liable for checked or unchecked baggage in excess of the limits described above unless:

You declare a higher value.
The declared value does not exceed $5,000.
The item is properly described, properly packaged and undamaged.
You pay an excess value fee at check-in.
The excess valuation charge is applicable only when the declared value is greater than the applicable liability limit.

Domestic Excess Valuation Charges
(Continental U.S., Hawaii, Alaska, Puerto Rico, and Virgin Islands)

Total Amount of Declared Value Fee Paid at Check-In
$2800.01 to $3000.00 $30.00
$3000.01 to $4000.00 $40.00
$4000.01 to $5000.00 $50.00


International Excess Valuation Charges
(Bermuda, Bahamas, Canada, Mexico, Central and South America, Europe, Asia, and Africa)

Total Amount of Declared Value Fee Paid at Check-In
up to $1000.00 $10.00
$1000.01 to $2000.00 $20.00
$2000.01 to $3000.00 $30.00
$3000.01 to $4000.00 $40.00
$4000.01 to $5000.00 $50.00


Delta is not responsible or liable for cash, camera equipment, commercial effects, computer software and equipment, electronic equipment, fragile articles, jewelry, lifesaving medication, negotiable papers, irreplaceable business documents, works of art or other similar valuable items contained in checked or unchecked baggage. These items should be carried by the passenger.

Delta will only collect excess valuation for declared baggage from your point of origin to:

A Delta destination.
The first Delta stopover.
To your point of transfer to another carrier.
You must re-declare and pay the applicable charges each time you check your excess baggage.

Thank you for your replies, EvilWizard and Maxthedog. Just as I was starting to get desperate, we got a note in the mail that the claim was approved and they were mailing us the check in the next 10 days. All is well that ends well: no reimbursement for time wasted and nerves spent on the matter, but oh well.

By the way, EvilWizard, the bag was lost on internal flight (Atlanta/Phoenix). We know that since my brother had his bag with him during the immigration check in Atlanta, and then it never got to Phoenix, that is why the higher limit of $2800 applies, but you are correct on the lower limits for international flights.
Thanks again and kind regards.
Maggie