How to File Claims Against the TSA

LAW BLOG  •

November 22, 2017

In the wake of the tragedy of 9/11, the U.S. has radically changed security at airports. The Transportation Security Administration (TSA) screens every passenger at most airports. While TSA agents are usually professional in the way they conduct their business, they are as human as we are and can make mistakes. If a TSA agent overstepped or caused damage to your property, this is how to file a claim.

Different Types of Claims

There are two main types of incidents for which you may file. The first involves your person. If the TSA agent who searched you touched you inappropriately or possibly even injured you, you may file a complaint asserting this wrongdoing. Likewise, if you have been the target of discrimination or prejudice, this is claim process you should follow.

The second type of incident you may file a claim for is damage to property. In the process of inspecting your baggage, the TSA agent may on occasion damage the property. You may file a claim to recover the amount of the damages.

Determine Who to File a Claim With

Before you can file a claim, you’ll want to determine who exactly damaged your property or searched you inappropriately. The TSA does not provide security at every airport in the U.S. At some airports, private security firms are providing airport security. If that was the case at your airport, you will want to contact that airport to learn who provides their security to file the claim against the proper authority.

In the event your property was damaged, one of the important things you will need to demonstrate is that the TSA is the responsible party for your damages. Many hands touch baggage throughout your travel. The TSA, the airline baggage handlers, and those looking for luggage all will likely toss your luggage around. The flight alone will likely jostle some pieces. You will need to clearly establish that it was not the airline or the flight who damaged your item, but the TSA agent who inspected it. This may be clear from the evidence if a securely-packed item is in a box or baggage that shows no sign of damage on the outside, but the contents inside seem mishandled.

Filing the Claim

In these situations, you should start the claim process immediately while you have the evidence at hand to support your claim. In most cases, there is a limit of two years to file a claim for damage. The TSA takes up to six months to fully investigate these claims and may require additional time if investigation by law enforcement is necessary.

Gather your information to begin the claims process. You will need your personal information, the date and time of the incident, airline, flight numbers, and flight times. Also, be ready with a description of the item and its damage, the cost of repair or replacement, any witness statements you have, and photographs of damage or videos of the inappropriate search, if available.

The claim itself begins at the TSA website . Click on “File a Claim” and begin filling in the form with the information you have collected. Two sections allow you the opportunity to explain your claim, the “Basis of Claim” and “Why do you believe that TSA was responsible?” When filling in these sections, remember to simply explain the facts. This is not the place for discussing your political views or venting your frustration. This is your opportunity to present your case in a clear and concise way; simply say what happened and why you TSA should compensate you.

Follow Up

Carefully read any follow up letters sent to you by the TSA, as some of them require further action on your part and are time sensitive. By carefully documenting your claim, you may receive compensation for any injury or damage.

Every state limits the amount of time you have to file a claim.

Don't Delay.

Contact the Attorneys at Gordon & Elias, LLP Today to preserve your right to a recovery.

Contact Us

100% FREE CASE EVALUATION

Free Consultation • No Fee If No Recovery