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Fight Back Against Denied Claims with NY’s Trusted Property Damage Attorneys

The financial stress can be overwhelming if you're facing delayed payments, underpaid claims, or outright denials. That’s where we come in. Our seasoned attorneys have extensive experience representing NY homeowners and business owners, fighting to recover the full compensation they deserve. Contact us today to schedule your consultation and explore your legal options.

Types of Snow Damage We Handle

  • Roof Collapse: Accumulated snow and ice can strain aging or flat roofs, leading to serious structural damage, especially in older buildings and brownstones.
  • Ice Dams: When snow melts and refreezes along roof edges, it can force water under shingles and into walls or ceilings, causing costly interior damage.
  • Frozen Pipes: Sudden temperature drops can freeze exposed or poorly insulated pipes, leading to bursts, flooding, and extensive water damage.
  • Wind-Driven Snow Damage: Winter storms in NY often bring strong gusts that tear off roofing materials, loosen siding, and knock down tree limbs or debris onto buildings.
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Steps to Take After Snow Damage in NY

Acting quickly and strategically can help protect your property, support your insurance claim, and reduce out-of-pocket costs. Here’s what to do:

Ensure Safety First

Before entering a damaged building, check for immediate safety risks such as structural instability (e.g., bowing ceilings or sagging roofs), downed power lines, or exposed electrical systems.

Document the Damage

Thorough documentation is key to a successful insurance claim:

  • Take photos and videos of all visible damage (interior, exterior, roofing, pipes, etc.)
  • Include timestamps or metadata for clear proof of when the damage occurred
  • Keep an inventory of damaged personal or business property

These records will help substantiate your claim under New York insurance regulations (DFS NY).

Prevent Further Damage

New York law requires policyholders to take reasonable steps to mitigate further losses:

  • Use tarps to cover leaks or exposed areas
  • Safely remove snow from vulnerable roofs or walkways, if possible
  • Shut off the water to frozen or burst pipes

Be sure to save receipts for any emergency materials, services, or temporary fixes. Your insurance provider may reimburse these expenses under Additional Living Expenses (ALE) or loss mitigation provisions (NYRR § 216.6).

Review Your Insurance Policy

Review your homeowners or commercial property policy for:

Coverage for snow and ice damage, including structural, water, and wind-related issues
Specific exclusions or limitations (e.g., lack of maintenance, wear and tear)
Deadlines for claim filing and required documentation

Policies in New York may vary, but many require notification “as soon as reasonably possible” (NY GOL § 5-322.1).

Contact Your Insurance Company

Notify your insurer promptly and provide:

  • All photo and video documentation
  • A detailed description of the incident
  • Any actions taken to limit further damage

This starts the official claims process, during which your insurer may send an adjuster to inspect the property.

Avoid Quick Settlements

Insurance companies may offer quick payouts that don’t reflect the full scope of your losses. Don’t accept an initial offer without:

  • Carefully reviewing the settlement details
  • Comparing it to your repair estimates and documentation
  • Considering legal advice if the offer is insufficient

Remember, once you accept a settlement, you may waive your right to dispute it later.

Call Vargas Gonzalez Delombard

If your snow damage claim is delayed, denied, or underpaid, our experienced attorneys are here to help. We fight to hold insurance companies accountable, managing all legal aspects of your case so you can focus on recovery. From policy review to final settlement negotiations, we stand by New York property owners every step of the way.

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Common Disputes for Snow Damage Insurance Claims

If you're encountering any of the following disputes, legal support can be essential to protect your rights and maximize your recovery.

Coverage Denial Due to “Wear and Tear”

Insurers often claim that damage from snow, particularly roof leaks or collapses, results from preexisting issues like poor maintenance or structural deterioration, rather than the snow event itself.

However, under New York law, policy exclusions must be clearly stated and interpreted in favor of the insured when ambiguous (NY Court of Appeals).

Disputes Over “Sudden and Accidental” Damage

Many insurance policies only cover damage that is “sudden and accidental.” Therefore, if melting snow or ice dams lead to gradual water seepage, insurers may claim that this damage isn't covered.

However, if the problem is connected to a recent storm, the claim might still be valid, particularly if the policyholder took prompt action to prevent further damage.

Frozen or Burst Pipe Claims Denied for “Negligence”

Frozen pipe claims often lead to disputes. Insurers might deny payment by claiming that the policyholder did not maintain adequate heat or insulation.

Keep in mind, homeowners and commercial property policies in New York typically require only reasonable care, not perfection. Insurers must demonstrate actual neglect to deny a claim on these grounds, as outlined in NY Insurance Law § 3404.

Disagreements Over Damage Valuation

Insurance adjusters frequently underestimate the cost of repairs, particularly when it comes to interior water damage or structural restoration in older buildings in New York City. Policyholders have the right to seek a second opinion or contest low estimates through an appraisal process included in many insurance policies.

Delays That Violate Timely Claim Handling Laws

Some insurance companies often postpone investigations or settlement offers longer than permitted by state regulations. In New York, insurers are required to acknowledge and respond to property claims within 15 business days. Any delays beyond this timeframe may violate claims-handling regulations.

How NY Attorneys Fight for Snow Damage Compensation

  • Conduct Thorough Policy Review and Claim Validation: The legal process begins with a careful review of your property insurance policy. VGD attorneys check your coverage, exclusions, and deadlines for filing claims to ensure your case aligns with the policy rules. This step is crucial because New York law requires you to strictly follow notice and proof-of-loss requirements, unless the insurance company is not affected by any delay.
  • Obtain Expert Damage Assessment: Our lawyers work with licensed engineers, general contractors, and public adjusters to assess your snow-related damages thoroughly. 
  • Provide Aggressive Legal Advocacy and Appeals: If you face a denial or delay, our attorneys act quickly to challenge the insurance company’s reasons for the denial or reduced payment. We may also file a formal appeal or request arbitration if the policy allows it.
  • Hold Insurers Accountable for Bad Faith: While New York does not have a specific law for bad faith, courts can award damages when an insurer’s actions cause financial harm beyond the policy limits. Our attorneys may also seek punitive damages to penalize extreme misconduct in serious cases. 
  • Represent You at Trial: Although most claims settle outside of court, our skilled attorneys are ready to litigate if insurers don’t act fairly. This might include presenting expert testimony, citing relevant case law, and using state regulations to show the insurer’s liability and the policyholder's rights.
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Snow Damage Insurance Claim FAQs for NY Property Owners

Can I file a snow damage claim if the damage was caused by improper maintenance?

How long do I have to file a snow damage insurance claim in NY?

What should I do if the insurance adjuster’s estimate is too low?

Does my policy cover the cost of temporary housing if my home is uninhabitable?

What are the common reasons snow damage claims are denied in NY?

Can I reopen a snow damage claim if more issues are discovered after the settlement?

What should I avoid when dealing with insurance companies after snow damage?

Can I file a snow damage claim if the damage was caused by improper maintenance?

Insurance companies often deny claims by citing neglect or poor maintenance, particularly in older NY buildings. However, New York law mandates that policy exclusions be clearly defined, and unclear terms are interpreted against the insurer. You may still have a valid claim if damage occurred despite reasonable care, or neglect can't be proven. We'll investigate your case, gather expert evidence, and challenge unfair denials.

How long do I have to file a snow damage insurance claim in NY?

Most insurance companies expect quick claim reporting, often "as soon as reasonably possible." In New York, you have up to six years for a breach of contract lawsuit, but many policies have shorter deadlines, typically 12 to 24 months. Acting quickly helps you meet both policy and state deadlines.

What should I do if the insurance adjuster’s estimate is too low?

Insurance adjusters often underestimate the cost of repairs, especially for historic buildings or co-ops with complex damage. We suggest hiring an independent contractor to get a second estimate that can challenge the insurer’s value. Our team uses this evidence to negotiate a fair and accurate settlement.

Does my policy cover the cost of temporary housing if my home is uninhabitable?

Most NY homeowners' and renters' insurance policies include Additional Living Expenses (ALE) coverage. ALE helps cover temporary housing, meals, and other necessary costs while your property is being repaired. We review your policy to confirm this coverage and help you collect the full benefit owed under your Loss of Use provision.

What are the common reasons snow damage claims are denied in NY?

Insurers may deny snow damage claims for a variety of reasons, including: Alleged exclusions (e.g., damage deemed gradual or due to neglect) Lack of timely reporting Incomplete documentation Failure to mitigate additional damage (e.g., not tarping a roof) These denials are not always justified. We can examine the insurer’s reasoning and pursue appeals or legal action when warranted.

Can I reopen a snow damage claim if more issues are discovered after the settlement?

Yes, many New York property policies include a provision allowing claims to be reopened for supplemental damages, particularly when hidden damage becomes visible during repairs. We assist in properly documenting the new issues and submitting a supplemental claim in line with your policy’s terms.

What should I avoid when dealing with insurance companies after snow damage?

To protect your rights and avoid common pitfalls: Do not make permanent repairs before fully documenting the damage Avoid signing a settlement agreement or release too quickly Refrain from giving recorded or written statements without legal guidance Keep all receipts for emergency repairs and accommodations Let an experienced attorney review your situation before you speak with the insurer. This ensures you don’t unintentionally waive critical rights under New York law

Reclaim What’s Yours with NY’s Trusted Insurance Dispute Team

By choosing Vargas Gonzalez Delombard, you gain a committed legal ally who understands the challenges of snow damage claims in New York. If your property has been affected, reach out today for a consultation, and let us fight for the recovery you deserve so you can move forward with confidence.

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