One Thing You Shouldn't Do If Bumped From Your Flight—According to a Lawyer

Ever been shocked to be told that you can't board the flight you booked months ago because you've been bumped off it?

U.S.-based attorney and personal finance expert Erika Kullberg recently outlined the dreadful scenario where a passenger is bumped from a flight because the airline "sold more tickets than seats on a plane." The viral video was shared from her Instagram account @erikankullberg and has had more than 19 million views since January 4. "Don't leave the airport without claiming your money if this happens to you," Kullberg says in the video.

Kullberg, who has been practicing law for eight years, told Newsweek: "Airlines need to pay you compensation at the airport on the same day. If the airline books you on another flight so you [have to] leave the airport before you can get paid, then the airline needs to pay you within 24 hours from the time they bumped you."

Kullberg said: "I don't think most travelers are aware of the rights they're entitled to in situations like getting bumped off a flight, and my goal is to make it more transparent and known."

The U.S. Department of Transportation (DOT) says the practice of bumping, where airlines oversell their scheduled flights in a bid to compensate for no-shows, is not illegal.

The DOT adds: "Those travelers who don't get to fly are frequently entitled to denied boarding compensation in the form of a check or cash."

The DOT requires airlines to give "all passengers who are bumped involuntarily a written statement describing their rights and explaining how the carrier decides who gets on an oversold flight and who doesn't," according to the department's website.

Who Can Get Compensation for Getting Bumped Off a Flight?

To be eligible for compensation, the passenger must meet the following requirements, as outlined by the DOT:

• You have a confirmed reservation
• You checked in to your flight on time
• You arrived at the departure gate on time
• The airline cannot get you to your destination within one hour of your flight's original arrival time

Passengers involuntarily bumped from a flight are not entitled to compensation in the following cases, as outlined by the DOT:

• A change to a smaller aircraft for safety or operational reasons
• Weight and balance issues
• Downgrading to a lower class
• Charter flights
• Small aircraft (flights on planes holding fewer than 30 passengers)
• Flights departing a foreign location.

How Much Compensation Can I Get for Getting Bumped Off a Flight?

Kullberg said: "There's no set time frame [issued] by the Department of Transportation for when the rebooked flight needs to be within."

However, "the longer the delay caused to your arrival time, the more the airline needs to compensate, so they are incentivized to get you to your arrival destination as quickly as possible if you are bumped from your initial flight," Kullberg added.

The DOT says the minimum amount of compensation you can claim depends on the price of the passenger's ticket and the length of the delay.

If your rescheduled flight is due to arrive at your destination between one and two hours after your original arrival time (or between one and four hours on international flights), "the airline must pay you, at a minimum, an amount equal to 200 percent of your one-way fare to your final destination that day, or $775, whichever amount is lower," according to the DOT.

If your reschedule flight is due to arrive more than two hours later (or four hours later for international flights) or the airline doesn't make any substitute travel arrangements for you, "the minimum compensation doubles" to 400 percent of your one-way fare or $1,550, whichever amount is lower, the DOT says.

The "DOT's requirements are the minimum but airlines may choose to provide a higher amount," the department added.

What if the Airline Refuses to Pay Compensation for Bumping Me off a Flight?

If an airline refuses to pay the required compensation, Kullberg said the first step is to ask for a written statement describing your rights, as mentioned above earlier.

The lawyer said: "In addition, I would note the name of the person that you are speaking to from the airline. I would pull up the Department of Transportation page and show them the language that shows you are entitled to compensation."

If that doesn't work, Kullberg added you should submit a written statement to the airline "describing how you were bumped and did not receive the compensation" to which you were entitled.

"The airline should respond in a satisfactory manner. If they don't, then I would escalate it to the Department of Transportation," Kullberg said, adding that anyone can file a claim with the DOT.

After graduating from Georgetown Law, the law school of Georgetown University in Washington, D.C., Kullberg started off as a corporate lawyer specializing in mergers and acquisitions before realizing her "true passion was helping individuals, not the big corporations, so have since focused on advocating for consumers," she said.

Another right that many passengers aren't aware of is that "you're entitled to compensation if your bag is lost, damaged, or delayed; up to $3,800, according to the DOT," Kullberg said.

"For example, if your bag is delayed when you're on vacation and you need to buy clothing, toiletries and shoes because of this delay, save your receipts and the airline is required to reimburse you for any actual expenses (up to the $3,800 cap)," Kullberg added.

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