If your claim has been rejected by an airline, it is not mandatory that you drop the case. You may end up losing money and precious time if you leave the claim pending for too long.
Even though an airline rejects your claim, you do not have to accept their decision. You can try to salvage the situation by arguing that the carrier should have proof of insurance. Otherwise you can also offer to reimburse all the costs and expenses which the carrier has incurred as a result of the delay.
While the airline claims department has a vested interest in ensuring that you receive compensation for your loss, they cannot be expected to spend your time investigating your case. Therefore, your only option is to hire a claims lawyer. You need to follow certain steps in order to submit a claim that has been rejected by the airline.
Firstly, you must ensure that you notify the carrier immediately when you realize that you are a victim of a medical emergency or a medical condition that could be causing problems for the passengers who boarded your commercial airline. If this is not done, the carrier may have no idea of what you are saying. Make sure that you include the flight number and the date and time of the flight.
Once you provide these details, you should also inform the carrier of any delayed flights and medical needs that might be required. It is advisable to inform the carrier about any medications that have been prescribed by your doctor. Since the carrier’s claims department is not staffed with competent medical professionals, you should be aware of the fact that the carrier does not consider the chance of such issues to be relevant.
When the date of departure arrives, make sure that you inform the carrier that you have a medical emergency (e.g. dehydration) or that you will be taking medication. Your request should be written in detail and the carrier should understand your need for immediate help.
The carrier should get back to you as soon as possible and should advise you on the next available flight. However, if the carrier does not get back to you within 24 hours, you should get in touch with your lawyer and they should follow up the matter.
You must then make sure that the delay is due to the fault of the carrier. If you have lost time due to another airline, you should not file a claim because the delay was not caused by the carrier.
If the delay was due to the fault of the carrier, you can still file a claim. You should follow the same procedure as for a regular claim but of course, the delay was caused by the carrier. This also applies to passengers who were supposed to be on board the flight at the time of the delay.
Most importantly, if you believe that the delay was caused by the fault of the carrier, you should be very clear that the carrier has not paid out compensation. You should also be clear that you are taking the carrier to court.
If you follow these basic steps, your claim will be rejected by the carrier and the amount you claim will be more than your original compensation. Therefore, if your claim has been rejected, you can only consider filing a lawsuit.
The airline claims department has every motive to reduce compensation and you should always proceed with caution when it comes to your medical problems. However, if you follow the above guidelines, your claim will be approved and you can now file a lawsuit against the carrier to recover the compensation you have lost.