What Are Your Rights? DOT Rules and Air India Policy
This is not Air India doing you a favor. These are legal protections you are entitled to as a paying passenger.
For domestic US flights, the Department of Transportation sets a liability cap. As of 2026, that cap sits at $3,800 per passenger for lost, damaged, or delayed baggage. That is the ceiling on what Air India is required to pay, not a guaranteed flat payout. You still need to prove your losses.
For international flights, the Montreal Convention governs. The limit is roughly $1,700 per passenger, calculated using Special Drawing Rights (SDRs), which fluctuate with currency exchange rates. Most Air India routes between the US and India fall under this treaty.
Interim expenses matter too. While your bag is delayed, Air India is expected to reimburse reasonable out-of-pocket costs. Think toiletries, a basic outfit, a phone charger. Keep every receipt. 'Reasonable' is the operative word, so a $400 jacket probably will not fly, but $60 in essentials usually will.
For the official federal rules, see the DOT baggage rights page. For Air India's own policy, check Air India Baggage Help.
How Much Compensation Can You Get from Air India?
The short version: it depends on your route and what you can prove. Here is a quick breakdown.
| Trip Type |
Governing Rule |
What It Covers |
| US Domestic |
DOT liability cap (up to $3,800 per passenger) |
Lost, damaged, and delayed bags up to the cap |
| International (most routes) |
Montreal Convention (SDR-based, approx. $1,700) |
Loss, damage, and delay up to the treaty limit |
A few things worth knowing: the cap is per passenger, not per bag. If two people on the same booking each lost a bag, each person has their own cap. Air India can choose to pay more than the cap, but they are not required to. And neither cap is automatic. You have to document your losses and submit a claim.
How to File a Baggage Claim with Air India: Step by Step
This part comes after the airport. You have your PIR, your file reference number, and hopefully a folder of receipts. Now it is about getting paid. This process typically starts 24 hours after the incident and should be completed within 21 days for delayed bags, or 7 days for damaged ones.