What Are Your Rights? DOT Rules and Emirates Policy
This is not Emirates doing you a favor. These are legal protections, and they apply whether the airline acknowledges them or not.
For domestic US flights, the Department of Transportation sets a liability cap of $3,800 per passenger as of 2026. That is the ceiling for proven damages on lost, delayed, or damaged bags. It is not a flat payout. You have to show what you actually lost.
For international flights, the Montreal Convention governs. The limit sits at roughly 1,288 Special Drawing Rights, which converts to approximately $1,700 depending on current exchange rates. Emirates flies mostly international routes, so this rule applies to the majority of US passengers.
While your bag is delayed, Emirates must reimburse reasonable interim expenses. That means toiletries, a change of clothes, a phone charger if you need one for work. Keep every receipt. "Reasonable" is subjective, but courts and DOT have generally supported passengers who documented their needs clearly.
For the full DOT breakdown, visit transportation.gov. For Emirates's own policy language, check the Emirates Baggage Help page.
How Much Compensation Can You Get from Emirates?
Here is the short version. The amount depends on your route and what you can prove.
| 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 Emirates 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. Emirates can choose to pay above the limit, but they are not required to. And if you packed something irreplaceable, like a custom camera lens or a laptop, document its value before you travel. Receipts and serial numbers make a real difference when you file.
How to File a Baggage Claim with Emirates: Step by Step
This section covers what happens after the airport, typically 24 hours to 21 days after you filed your PIR. This is about getting paid. Not just reporting the issue. You will be navigating the Emirates website, uploading receipts, and entering payment details, so have everything ready before you start.