Lightning Damage Claim Lawyers

Name: Vargas Gonzalez Delombard, LLP.
Price range: Free Consultation
Rating: 4.5

If your NY property is damaged by lightning, consult an experienced property damage attorney to protect your insurance rights. Insurance companies may delay or deny legitimate claims, leaving you to cover repair costs. A qualified attorney can help navigate the claims process and ensure you receive the benefits you're entitled to.

What Are Some Examples of Lightning Damage?

While New York may not experience lightning strikes as frequently as some high-altitude regions, thunderstorms still pose a significant risk to residential and commercial properties.

Lightning-related damage can take many forms, including:

Fire and Structural Damage: A direct lightning strike can ignite roofing materials, break windows, and damage a building’s structural integrity, including its foundation.
Electrical System Failures: Lightning-caused power surges can severely damage electrical panels, wiring, appliances, HVAC systems, and other critical home infrastructure.
Secondary Ground Surges: Even if your property is not directly struck, a nearby lightning strike can generate ground surges that travel through utility lines, plumbing, and wiring, potentially causing hidden or delayed damage throughout the building.

What Insurance Policies Typically Cover

Most standard homeowners and commercial property insurance policies in New York include coverage for lightning strikes, including:

Direct physical damage (e.g., fire, structural harm, or shattered windows)
Electrical damage due to power surges
Personal property loss, including electronics and appliances damaged by lightning-induced surges
Additional living expenses (ALE) if the home becomes temporarily uninhabitable due to lightning-related damage

Coverage can vary, and some policies may exclude surge-related damage unless specific endorsements are added. It’s essential to check the Declarations Page and Perils Insured Against sections for exact language.

Proving Lightning Damage

Documentation is key to substantiating your claim. Take the following steps:

Photograph all visible damage (interior and exterior)
Retain damaged items as evidence, especially appliances or electronics
Obtain expert evaluations (e.g., licensed electricians or structural engineers) to assess hidden or system-wide damage
Request weather data reports or lightning strike verification from services like the National Weather Service or private meteorological firms

Insurance companies may challenge the cause or extent of the damage, especially with surge-related issues, so solid documentation is crucial.

Timeliness of Claims

Under New York Insurance Law § 3420(a)(3), policyholders must provide written notice of a claim "as soon as reasonably practicable."

This standard may vary by policy language, but it typically means within a reasonable time after discovering the damage. Once the insurer requests it, policyholders have 60 days to submit a sworn proof of loss statement.

Delays can jeopardize your ability to recover, especially if the insurer alleges that late reporting prevented a proper investigation. Be sure to:

File a Notice of Loss promptly
Follow all proof of loss requirements outlined in your policy
Keep a record of all communications with your insurer

What to Know About Inspections, Settlements, and Negotiations

After you notify your insurance company, they will assign an adjuster to inspect your property. While the adjuster represents the insurer, their findings will influence your claim's evaluation. Being present during the inspection is crucial to pointing out concerns and sharing your documentation.

We also recommend consulting a licensed electrician or structural engineer for an independent evaluation, as lightning damage can cause hidden issues, such as electrical failures and internal fires, that may not be immediately apparent.

To further support your claim, consider obtaining a lightning verification report from the National Weather Service or private meteorological services. Such reports confirm that a lightning strike occurred near your property during the incident.

Once the inspection concludes, the insurance company will typically issue a proposed settlement based on the findings in the adjuster’s report. We recommend the following:

Carefully Review the Settlement Offer: Examine the insurer’s offer closely to ensure it fully accounts for all documented damages, including both visible and hidden issues. Remember that the adjuster's report is only one part of the evaluation, and discrepancies can occur.
Account for Your Policy Deductible: Be aware that your insurance deductible—the amount you agreed to pay out of pocket—will be deducted from the total payout. Review your policy terms to confirm the deductible amount applicable to lightning-related losses under New York insurance standards.
Assess the Fairness of the Offer: If the settlement offer doesn't fully cover the repair or replacement costs, you can challenge it. In New York, policyholders can submit additional evidence, like contractor estimates or public adjuster assessments, to dispute undervalued claims. Strong documentation can enhance your negotiating position.

Schedule A Consultation

Get a Free Case Evaluation

Legal Framework for Bad Faith Insurance Claims in New York

New York law implies a covenant of good faith and fair dealing in all insurance contracts. This means insurers must handle claims honestly, fairly, and promptly. Failure to do so can constitute bad faith.

Examples of bad faith conduct include:

Unreasonable delays in claim processing
Denying claims without a valid reason
Failing to conduct a proper investigation
Offering settlements significantly lower than the claim's value

Such actions can lead to legal consequences for insurers. If an insurer is found to have acted in bad faith, policyholders in New York may be entitled to:

Contractual Damages: The amount originally due under the policy.
Consequential Damages: Additional losses suffered due to the insurer's bad faith conduct, such as financial hardship caused by delayed payments.
Punitive Damages: In rare cases where the insurer's conduct is deemed egregiously wrongful, punitive damages may be awarded to punish and deter such behavior.

How Our NY Lightning Damage Attorneys Can Assist

Hiring an experienced lightning damage attorney can significantly affect the outcome of your insurance claim. An attorney from Vargas Gonzalez Delombard will help you understand your coverage for lightning damage, including any disputes over what is covered, particularly with electrical systems.

Proper documentation is essential to counter insurers' attempts to minimize or deny your losses. Our attorneys assist in coordinating inspections, gathering expert reports, and verifying the lightning strike.

Insurance companies aim to limit payouts, so your VGD attorney will handle all communication with them, ensure compliance with claim procedures, and negotiate for a fair settlement. If necessary, we can escalate the issue by filing a complaint with the New York State Department of Financial Services (DFS) for any suspected regulatory violations.

Vargas Gonzalez Delombard: Advocating for New York Property Owners After Lightning Damage

At Vargas Gonzalez Delombard, we proudly represent New York homeowners and businesses impacted by lightning strikes. Our experienced legal team offers free case evaluations, thoroughly reviews your losses, and helps you understand your rights under New York insurance law.

Our goal is to streamline every stage of your insurance claim and to pursue the full compensation you are entitled to. Whether you are facing delayed, denied, or underpaid claims, our attorneys stand ready to protect your interests and fight for a fair resolution.

Let our team support you from the initial damage assessment through to final settlement, ensuring you have a trusted advocate at every step of your recovery journey. Contact Vargas Gonzalez Delombard today for a free consultation.