You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more
We went on holiday back in August and a suitcase went missing (ie, it was checked-in and never turned up at the destination airport). We were going through the very painful process of claiming for the contents but hit one stumbling block - we needed proof that the case had been confirmed permanently missing by the airline (it was, until yesterday still showing as missing on the portal). There is nothing in the policy wording that says when a case is 'officially' lost however I found a web article by the insurer that states that a bag is officially lost after 21 days (its been more like 55 days).
The problem now is that I have had to close the 'lost bag' claim as I have the bag back - it suddenly turned up today (and obviously can't get proof it is permanently lost as it isn't anymore). Instead I can only claim for the 'essentials' that we got on holiday to a maximum of £150. However we have now replaced most of the items (including some more expensive clothing items and hair straighteners). So now we have spent several hundred pounds (possibly well over £1,000) and now have two of many items and unable to make a claim for anything other than the essential items to a limit of £150!
Any ideas? I am tearing my hair out whilst it is simultaneously going white here!
Thank you
Does the portal show it as found now?
Yes it does
That's a bugger!
Drive over it and change the claim to damaged? 😉
It really sucks - they are saying it isn't lost so I can't claim for that (which I do kinda understand), however their own website states that >21 days delay is automatically lost and we have re-bought a whole load of stuff. FFS.
– they are saying it isn’t lost so I can’t claim for that (which I do kinda understand), however their own website states that >21 days delay is automatically lost and we have re-bought a whole load of stuff. FFS.
I'd be putting that in writing, asking them to review with an intention to raise a formal complaint subject to the outcome of their review.
You've acted in good faith, on the information they provided.
Purchasing essentials at the time should still fall under the claim, no? A wedding dress never arrives so you buy an emergency dress. Original turns up later but the insurance is for putting you out. I’d make a list of things that were essential (probably not hair straighteners) sum that and out in a reasonable claim. Insurance is all about reasonableness.
I’d be putting that in writing, asking them to review with an intention to raise a formal complaint subject to the outcome of their review.
The problem is that it isn't in the policy wording, it is just in an article on their website. The policy wording says nothing about a timescale for a bag being declared lost and I have challenged them and they are refusing my claim.
Purchasing essentials at the time should still fall under the claim, no?
Yes they do but that claim is capped at £150 per bag (despite this being the top policy they offer - the standard policy has a limit of £50)!
And this company has a 5 star Defaquto rating (which I based my decision on purchasing from them – I should also have looked at TrustPilot as they get a slating on there FFS).
If you're tearing your hair out, you won't need straighteners.
You really need to have a good read of your policy document. What you may think or what a script monkey on the phone tells you is by the by, what's important is the legalese both parties agreed to when you took out the cover.
If it goes to crap there's always eBay.
You really need to have a good read of your policy document.
I have, and I have also asked them to show me where the timescale for it being lost is and they can't find it either - it's just an article on their website that mentions the 21 days time period.
note you can claim off the airline instead of your travel insurance. Your insurance (when you claim) is likely to block the claim until the airline say yes or no anyway, so it should be your first port of call (and you might get more than £150 off them). With BA I think I was limited to £300 per traveller (there were for of us) when a bag showed up 3 days late. My travel insurance had more coverage but I didn't need to invoke it
note you can claim off the airline instead of your travel insurance.
Yes but that is for essential items only - our issue is that 2 months after the bag went missing, we replaced many more items in the belief we'd be making an insurance claim. Now we can't make that claim and we have duplicate items at a significant cost to us.
Yes but that is for essential items only
I'm not sure that's right.
ISTR that one of the reasons your bags are weighed is because the compensation you get is by kg.
Further thought:
If you make a claim for an item, and receive settlement from the insurer for it, and then the item resurfaces, the insurer owns it. This is the "law" of salvage.
However, I'm not sure an insurance company would want a case full of 2nd hand clothing, so I expect you'd be able to retain it.
I know op hasn't received settlement, but just thought it worth mentioning it.
I suspect you have a valid claim, they should pay, you get payment and keep the case. But I'm at the limit of my knowledge. It's also something to complain about and get an answer from FOS if needed.
I’m not sure that’s right.
Per rich, I don't think it's just essentials either, check what you're entitled to under the Montreal convention. It's in something weird like standard units or the like but, as with most things cross border, precisely what you're entitled to and not is laid out by law rather than the airline.
"The Montreal Convention requires airlines to treat a bag as lost after twenty-one days. In assessing your claim, an airline may well ask for a list of the items that were in the missing bag, and possibly for original receipts"
The insurance/airline don't have a choice in that timescale.
(sorry I should have twigged earlier, its only when "claim with the airline" was mentioned I thought, "well that's covered by law that is", penny didn't drop whilst taking about the insurance)
Insurance contracts are supposed to be 'ultra bona fides' , that's why you have to mention anything relevant even if it's not in the policy. So it should work both ways, their website says 21 days so you should be able to rely on that. However, many policies say you shouldn't buy anything until they've accepted your claim, and they might get you on that.