Property Damage Lawyer in New York City

Property damage claims in New York involve more than just filing paperwork with your insurance company. The state’s comparative negligence laws, strict notice requirements for municipal claims, and complex insurance policy language create obstacles that can significantly reduce or eliminate your recovery if not handled properly.

An experienced property damage lawyer protects your financial interests, whether your claim involves fire, construction defects, or water damage. Our extensive background includes business, construction, and real estate litigation, which gives our clients an advantage in handling negotiations, identifying all liable parties, and ensuring they meet critical deadlines. Contact us today for a free consultation.

Common Types of Property Damage Insurance Disputes

Unfortunately, when it comes to property damage, the insurance industry often engages in bad faith, compelling policyholders to bear costs themselves. Below, we list some common disputes we may assist with.

Undervalued Claims: An undervalued claim happens when an insurance company offers a settlement amount that is less than the actual cost of the damage.

Denied Claims: Insurance companies may deny claims by alleging that the damage is not covered under the policy or that policyholders failed to meet specific policy requirements.

Uncovered Damage: Insurance companies sometimes refuse to cover certain types of damage, claiming they fall outside the scope of your policy.

Property Damage Claims We Can Help With

Residential Property Damage Claims

Residential property damage claims often can catch homeowners completely off guard. Many homeowners assume their insurance will cover everything, but there’s usually this complicated dance between what’s actually covered under your policy, what the insurance company considers reasonable, and what you think should be covered.

Whether you’ve suffered damage caused by a storm, fire, or vandalism, we understand the financial toll it can take. Home property damage lawyer Scott Richman may assess what the policy covers, help you file a claim, negotiate, and litigate if necessary.

Commercial Property Damage Claims

Commercial property damage claims usually involve much more than just the physical building itself. When a business suffers property damage, you’re not just dealing with repairs – you’re dealing with lost revenue, interrupted operations, employees who can’t work, customers who can’t access your services, and potentially contracts that can’t be fulfilled. The ripple effects are massive.

Commercial policies often have multiple layers of coverage—there’s the actual property damage, but then there’s business interruption, equipment breakdown, specialized coverage for specific types of inventory or equipment. Our attorneys have extensive experience assisting business owners in filing commercial property damage claims.

Fire Damage

Fire damage claims present unique challenges because multiple types of damage typically occur simultaneously. Beyond the direct fire damage to the structure and contents, these claims must account for smoke damage, water damage from firefighting efforts, and potential structural compromise that may not be immediately visible.

Insurance companies often conduct extensive investigations into fire claims, examining the cause of the fire, the adequacy of safety systems, and the full extent of the damage. Attorney Scott Richman works with experts to fully document the extent of fire-related losses and ensure that all aspects of the damage are properly addressed in the insurance claim.

Water/Flood Damage

Water and flood damage are treated legally based on the cause, the responsible party, and the type of water involved. The law generally distinguishes between sudden accidental water events, gradual maintenance-related problems, and flooding. Each influences who may be liable and whether insurance will cover the loss.

Strict liability rarely applies to normal household water issues but may apply when a person or business engages in a hazardous activity involving water. Standard homeowners’ insurance usually covers only sudden and accidental internal water releases, but no gradual leaks, deferred-maintenance problems, or flooding.

Many legal disputes involve insurers denying claims by arguing that the damage was long-term or preventable rather than sudden. The more clearly the cause of the water can be documented, the stronger the legal claim.

Natural Disasters

Standard policies often exclude or limit coverage for certain natural disasters. Earthquake damage typically requires separate coverage. Wildfire damage is usually covered under standard homeowners policies, but insurers may deny claims if they argue the property was not properly maintained or if exclusions apply.

Flood damage almost always requires separate flood insurance, and storms that involve both wind and water frequently lead to disputes about which force caused which part of the damage. Legal battles often hinge on expert reports, policy language, and causation analysis. Many disputes arise because insurers assert that the damage falls under an excluded category, while home and business owners argue that the covered peril triggered the loss.

Damages That May Be Recovered in Property Damage Claims

The exact damages recoverable in property damage claims can vary based on the insurance policy terms and the nature of the property damage. Here are categories of damages that may typically be recovered:

• Repair costs
• Replacement costs
• Reduction in market value as a result of the damage
• Loss of use
• Personal property damage
• Cleanup costs
• Incidental expenses (hotels, store units, etc.)

Next Steps After Your Property Has Been Damaged

When your property is damaged, the steps you take immediately after may impact your ability to recover compensation. Here are the appropriate steps to follow:

1. Document the damage
2. Notify your insurance company
3. Prevent further damage
4. Seek legal advice

Statute of Limitations to File Claims Against Your Insurance Company

In New York, the statute of limitations for property damage claims is generally three years from the date of the loss. However, this can vary depending on the specific terms of your policy.

Contact Our New York Property Damage Lawyers for a Free Consultation

Whether you’re dealing with a denied claim, an undervalued claim, or any other property damage issue, we can help. Led by Scott Richman, an experienced property damage attorney, we are ready to assist you in every step of filing an insurance claim in New York. Contact our real estate attorneys today to schedule your free consultation. We may help by:

• Reviewing your insurance policy to determine coverage
• Gathering evidence to support your claim
• Negotiating with the insurance company on your behalf
• Representing you in court if litigation becomes necessary

Frequently Asked Questions

What should I do if an insurance company denies my property damage claim?

If insurance companies choose to deny property damage claims, it is important to review the insurance policy carefully and gather any important information related to the incident. A property damage lawyer can help determine whether the denial was the result of bad faith insurance practices.

How do property damage attorneys help determine the fair market value of damaged property?

New York property damage attorneys often work with appraisers and experts to assess the fair market value of damaged property. This may include evaluating comparable real property or personal property, reviewing repair estimates, and analyzing how the incident affected market value. An experienced lawyer can help determine whether the amount offered by insurance carriers aligns with what the policy covers.

Can a property damage lawyer assist if my business suffers fire or water damage?

Our property damage lawyers have experience in property damage claims involving fire or water damage. These cases often raise questions about the cause of the loss, the extent of the damage, and whether the insurance claim meets the terms of the insurance policy.

When is a property owner held responsible for damage caused by human error?

A property owner may be held responsible for certain losses caused by human error, depending on the circumstances involved and whether reasonable steps were taken to protect others from harm. Liability may also depend on whether the damage affected personal property or real property, and how the incident occurred.

How does a lawyer determine whether damaged property should be repaired or replaced?

A lawyer typically reviews expert reports, repair estimates, and the fair market comparison for similar properties to decide if repairing or replacing the item better aligns with the policy’s coverage language. The extent of the damage, the age of the item, and the cost of replacement all inform the decision. Property damage lawyers can help ensure that the chosen approach reflects the true market value of the loss.

Can your law firm help with claims denied due to alleged late reporting?

Yes. If an insurance claim is denied because the insurer argues that reporting was late, a property damage insurance claim lawyer can evaluate whether the policy’s notice requirements were actually met and whether the denial complies with the law. Sometimes the delay is justified, or the insurer cannot show meaningful prejudice. Legal guidance helps policyholders understand available options for challenging the denial.