How can i claim loss wages in a small claims suit against Continental Airlines in CA?
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How can i claim loss wages in a small claims suit against Continental Airlines in CA?
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Hello, I am taking to small claims court Continental Airlines. They had lost an item of mine that I had checked in. The item - a cricket bat that I had picked up in Asia, was worth more than $100.00 but I had only claimed only 100.00 on the Continental claim form. I had followed their protocol for filing a claim within 45 days but at the end they are denying to pay for it because i didn't' call within 4 hours to open a claim. I have a witness to prove that I was never told that information about the 4 hours. I am filing a small claims law suit in California where the maximum amount you can request is 5k. I am asking for loss wages and the cost of the bat totaling 2300.00. They have contacted me saying that my affidavit of witness is not admissible in court. They want to settle at $100.00 and court costs ($45.00). I want my loss wages. I want my time that I lost in this crap. I want the amount I am requesting. How can I do this ?
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quizzard123
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You're not clear here. First of all, you obviously do need to file a claim for a lost item immediately after it fails to show up. Otherwise, they have no hope of finding it.
But be that as it may, you say the bat was worth 'more than $100'. Well, how MUCH more? Because if the bat is worth $100 and you are trying to claim $2300, you will be laughed out of court. If you are suggesting you wasted $2200 worth of wages for a $100 bat, that is just not reasonable. In any event, since you only wrote $100 on the claim form, that's all they have to pay for the bat itself.
You MAY be able to get REASONABLE costs and losses, but you'd have to prove that you lost wages, prove that Continental was at fault (did they force you to come down to the airport repeatedly, that is the cause of the wage loss?), and as i said, you'll only get the cost of the bat you claimed. |
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