What to Do If the Airline Damaged Your Wheelchair or Scooter
Flying is difficult and can be doubly bad for wheelchair and scooter passengers.
Between December 4 and December 31, 2018, about 701 wheelchairs and scooters were “improperly handled” – a vague term that probably refers to everything from lost to damaged devices – and roughly 25 mobility units, according to a US Department of Transportation report . devices per day affected by air travel.
But if your wheelchair is damaged, what protective equipment do you have? And how to report this to the airline? Here’s everything you need to know if you find your wheelchair or scooter to be in poor condition after a flight.
Report damage before leaving the airport
So, what do you do first when you notice that your mobile equipment is wearing slightly worse? According to Cory Lee, founder and writer with Curb the Free with by Cory Lee , a Web site devoted to advice on accessibility, the first thing you need to do is file a complaint with the employee grievance before leaving the airport (the better to prove that you did not suffer any non-flight damage).
Simply ask the flight attendant to speak about the disability complaint in the airline’s hold and you will be put (sometimes by phone) with the CRO who is well equipped to deal with these issues. According to the Air Carrier Access Act , passed by the Department of Transportation to prevent discrimination against persons with disabilities, the CRO must be available to you at all times.
You will also want to photograph the damage if asked to provide additional evidence in the future. If it is internal damage, make a video showing the problem. As Lee wrote on his website , you also need to make sure the photo has the date and time. He suggested taking a picture in which the airline could easily determine the date, such as photographing equipment in front of airport screens, where the dates are also visible. You should also record the name of your CRO, as well as the time and date that you contacted him for safekeeping.
File a complaint with the Department of Transportation
When you return home, you will need to file an Air Carrier Access Law violation with the Department of Transportation, Lee added. You can do this within 45 days of your flight. This is a fairly simple form to fill out online and airlines should respond. “Over the years, I have filed numerous complaints about ACAA violations, and in most cases it was resolved within a month,” he said.
According to WheelchairTravel.org , the violation will also be reported on air travel consumers (and airlines don’t want to, so you have the opportunity to influence real change from airlines everywhere).
In addition, you must complete your initial CRO complaint with a second written complaint via the airline’s website (airlines must also respond). It doesn’t hurt, and you can rest assured that anything you may have missed in your first complaint will be addressed in your written complaint (and you can attach any photos and documentation).
You are likely to be entitled to full restitution.
Fortunately, if you find damaged equipment, you’re usually eligible for payment, Lee said. The Air Carrier Access Act requires each airline to pay an individual in the event of damage to their mobile equipment.
Typically, you are entitled to the original price of your device. In the case of repair costs, you are also entitled to a refund of this amount. Airlines are also responsible for renting equipment in case you need to purchase temporary devices, as noted on WheelchairTravel.org . If it’s a small and quick fix, the airline might even compensate you on the spot (but if you’re still unhappy, please include this in your initial report with a CRO). According to Lee, a complaint with a CRO usually takes some time, but you will receive a response.
So while it does become a tedious waiting game, know that it’s not entirely in vain. If you have any problems or have difficulty understanding the process, you can also contact the Department of Transportation’s Disability Hotline at (800) 778-4838 with any questions.