How to File a Small Claims Court Case Against Any Airline (When They Refuse to Pay)
Let’s be honest. No one really wants to go to court. But if you’ve filed a compensation claim with an airline for flight disruptions or baggage mishandling, and they refuse to pay what you’re owed, then taking the matter to small claims court might be your only option.
Taking an airline to court might seem intimidating, but lots of travellers have been in the exact same position you’re in now. So here, we’ll explain all the steps you need to take to file a small claims court case against an airline in the United States.
Why Take an Airline to Court?
You would initiate a small claims court case against an airline if you were owed compensation, but the carrier refused to pay you for any of the following situations:
- The airline fails to give you a ticket refund if you had a canceled or significantly delayed flight, and you did not accept an alternate booking.
- You were denied boarding an overbooked flight.
- Baggage mishandling issues.
You can also sue an airline for harm or injury if they don’t uphold certain safety protocols or procedures, civil rights violations, and failure to adhere to the terms stated in their contract of carriage.
What is a Contract of Carriage?
A contract of carriage is a legal contract, between you and the airline, that you agree to when you purchase your ticket. All airlines have them, and they can be found on your carrier’s website.
When to Take an Airline to Small Claims Court
Before you consider legal action, it’s best to try to resolve your case by taking the following steps:
- File a compensation claim directly with the airline. Always do this first.
- Lodge a formal complaint with the airline.
- Escalate your case to the U.S. Department of Transportation.
- Try using arbitration or mediation, as these can be much faster and affordable than pursuing legal action.
- Consider passenger advocacy and compensation services like AirAdvisor. Compensation claims are our specialty, and our legal team can take airlines to court on your behalf. You can start your claim by entering a few flight details into our compensation calculator.
If all else fails, you might be forced to take the airline to court to get compensated.
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How to File a Small Claims Court Case
If you’re thinking of taking an airline to court, remember that you will have to have solid supporting evidence to back up your claim. For this reason, it’s vital to collect any and all documentation about your flight disruption or baggage issue including,
- Boarding passes
- Ticket receipts
- Prior correspondence with the airline
- Photos and other visual assets that could fortify your case
- Receipts for extra expenses
Once you have all your details organized, you can proceed with the following steps.
Step 1: Send a Demand Letter to the Airline
Compose a letter to the airline explaining that you are giving them one last opportunity to resolve your dispute before taking legal action. In it, you’ll need to describe what happened during your flight and your legal grounds for lodging your initial complaint. You could say something like:
Save a copy for your records, and send it by registered post. This will prove that you took all reasonable measures to avoid court proceedings.
Step 2: Open a Small Claims Case
The next thing you’ll need to do is open a case. You can do this in your home state, the state for the departure or arrival airport, or where the airline has an official office. Conveniently, most airlines have an official office in multiple states.
You can also find more information about where to file your claim by contacting your local county clerk’s office or by doing a search for small claims courts in your state. When you locate your local office, you will need to ask for a Plaintiff’s Claim form or a Small Claims Complaint.
To complete this form you will need to provide the basics about your situation, how much you’re claiming, the name of the airline, and why you are filing a small claims case.
Step 3: Pay the Court Fee
So, how much does it cost to open a small claims court case? Well, it is based on how much money you are claiming from the airline. In the US, fees vary by state and can be anywhere from $20 to $100, depending on your claim amount. Remember that if you win your case, you can reclaim the fee, but if you lose, you will also lose the amount you paid.
Step 4: Wait for the Airline’s Response
At this point, the airline has 14 days to acknowledge your claim and another 14 days to respond. If you don’t get a response then you can ask for a default judgement from the court, but if the airline pushes back and defends their stance, you might have to have a small claims hearing in court.
Next Steps and Final Thoughts
Taking an airline to court can be a harrowing and potentially pricey undertaking. That’s why it’s vital to understand your rights as a passenger and to resolve the case before you actually initiate a small claims court case.
Always remember to document every aspect of your experience if you have a flight delay or cancellation. If you gather enough information and supporting evidence, you might be able to resolve your compensation claim without having to resort to legal action.
Need Help with Your Claim?
Not sure you want to take an airline to court? It can be daunting going up against a major corporation, but that’s why we’re here to help. At AirAdvisor, our legal team can handle your claim for you, so you don’t have to file a small claims case. We can also take the airline to court on your behalf.
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