Theft Claims Lawyer

Theft victims in New York often encounter resistance from insurance companies when filing claims. You deserve fair compensation if your property was stolen from your apartment, vehicle, or business. Unfortunately, insurers frequently use technicalities or vague policy language to justify denials.

NY’s Trusted Legal Team for Denied and Delayed Claims

The attorneys at Vargas Gonzalez Delombard, LLP are seasoned advocates who understand insurer tactics and know how to fight back. We’ll review your policy, gather key evidence, and build a strong case to challenge a denial or underpayment. With our experienced legal team on your side, you can protect your rights and pursue the full compensation you deserve. Contact us today to take the next step.

How Theft is Legally Defined in New York

According to § 155.05, theft is formally referred to as “larceny.” Larceny can be committed in a variety of ways, including but not limited to:

By trespassory taking (physically taking property without consent)
By embezzlement (misappropriating property entrusted to the person)
By false pretenses or trick (obtaining property through deception)
By extortion (obtaining property through threats)

New York law categorizes theft offenses based on the property's value and the circumstances surrounding the theft. This classification determines whether the crime is considered petit larceny, a Class A misdemeanor, or grand larceny, a felony offense that can be classified into several degrees. For example, stealing property worth more than $1,000 may be charged as Grand Larceny in the Fourth Degree, a Class E felony.

It's also worth noting that theft-related offenses include services, credit cards, and public records, as detailed in other subsections of Article 155.

Understanding how theft is defined under New York law is essential when dealing with criminal charges or when filing an insurance claim for stolen property.

A clear legal definition helps determine whether your loss qualifies as theft under your policy and whether your claim could be unjustly denied.

Why Theft Insurance Claims May Be Denied

In a city as dynamic and densely populated as New York, theft is an unfortunate reality. But even when you're covered by insurance, getting your claim approved isn't always straightforward. Insurance companies often deny theft claims based on technicalities, missing documentation, or policy restrictions. Here are some of the most common reasons NY theft claims are rejected:

Insufficient Evidence or Documentation

Insurers typically require a detailed police report filed with the NYPD and may ask for evidence of forced entry, surveillance footage, or itemized proof of ownership. Without these, they may question the legitimacy of your claim.

Delayed Reporting

New York insurers generally require immediate or prompt notification of the theft. Failing to report the incident to the police and your insurer within the required timeframe could result in an automatic denial.

Policy Lapse Due to Missed Payments

The insurer can deny your claim outright if your coverage was inactive, even temporarily, because of a missed premium. This is particularly relevant for renters and homeowners in NY, where policy lapses can go unnoticed until it's too late.

Losses Outside Policy Coverage

Insurance won’t typically cover losses from normal wear and tear, pre-existing damage, or items excluded in your policy. For example, stolen bicycles or packages from building lobbies may fall into gray areas unless clearly covered.

Inconsistencies in Your Claim

If your police report, inventory list, or claim statement contains discrepancies, insurers may treat this as a red flag—especially in high-theft boroughs like Brooklyn or the Bronx, where fraud prevention measures are strict.

What to Do If Your Theft Claim Is Denied

Request a Detailed Denial Letter: Ask your insurance provider for a written explanation that outlines the exact reasons for the denial. In New York, insurers are required to provide this under state law. This letter is the foundation of any appeal or legal challenge.
Review Your Policy Carefully: Cross-check the insurer’s reasoning with the terms outlined in your policy. Pay attention to exclusions, coverage limits, and reporting timelines, all of which can be grounds for denial and disputing an error.
Gather Supporting Documentation: In NY, theft claims often hinge on having the right evidence. Strengthen your case by collecting a certified NYPD police report, photographs, receipts, and witness statements.
File a Formal Appeal: Submit a written appeal directly to your insurer. Address the reasons listed in the denial, include any new evidence, and clearly argue why the claim should be approved under the terms of your policy.
Consult an Expert: If your appeal is denied or ignored, you can file a complaint with the New York State Department of Financial Services. You should also consult a New York-based insurance dispute attorney who understands how local insurers operate and how to challenge denials effectively.

Legal Rights for Theft Victims in New York

If you’ve been the victim of theft in New York, you are protected under New York State law. These protections ensure that victims are treated with dignity, fairness, and compassion throughout the criminal justice process.

Notification of Case Status

Under New York Executive Law § 646-a, victims have the right to be notified of key developments in their case, including:

Arrests
Criminal charges
Plea deals
Trial dates
Sentencing
Parole hearings

Victims can opt in to receive updates via services such as the Victim Information and Notification Everyday (VINE) system.

Participation in Legal Proceedings

Victims are entitled to attend public court proceedings. They may deliver victim impact statements during sentencing and parole hearings, detailing the personal, emotional, or financial harm caused by the crime. This is supported under Executive Law § 647.

Protection from Harassment or Intimidation

New York Penal Law § 215.15 includes provisions to protect victims from intimidation or retaliation. Criminal penalties are also included for individuals who attempt to harass or tamper with victims or witnesses. Victims experiencing threats can contact the NYPD and may be eligible for additional protective measures.

Restitution and Financial Compensation

New York courts may order restitution as part of a criminal sentence, requiring the offender to compensate victims for out-of-pocket losses, including:

Stolen property
Repairs
Medical expenses
Lost income

Victims may also apply for compensation through the Office of Victim Services, which provides financial assistance even if the offender is not caught. Learn more at the OVS website.

Next Steps If Your Appeal Fails

If your insurer still refuses to approve your claim after appeal, you have multiple options under New York law:

Request a Re-Evaluation or Enter Negotiations: You can ask the insurer to reopen the claim or negotiate a partial settlement. Always confirm agreements in writing and reference relevant policy language.
Consider Mediation or Arbitration: New York offers voluntary mediation services for insurance disputes through the Department of Financial Services (DFS). Mediation involves a neutral third party and can often resolve conflicts without litigation.
File a Complaint with the State: If you believe your insurer acted in bad faith or violated state insurance regulations, you can file a formal complaint with the DFS.

If other efforts fail, you may pursue litigation. In New York:

The statute of limitations for filing a breach of property insurance contract lawsuit is six years from the date the cause of action accrues (CPLR § 213).
If alleging bad faith or deceptive practices, a separate legal claim may be brought under General Business Law § 349, which prohibits unfair or deceptive acts in commerce.

Why Choose Vargas Gonzalez Delombard, LLP as Your NY Theft Insurance Claim Attorney?

Our attorneys have deep experience handling property theft cases across the five boroughs, from apartment break-ins in Manhattan to commercial theft in Brooklyn. We understand how insurance carriers operate, their tactics to avoid liability, and the legal remedies available to you under New York insurance and consumer protection laws.

When you work with Vargas Gonzalez Delombard, LLP, you’re gaining more than legal representation—you’re partnering with a team of committed advocates who will challenge unjust claim denials, negotiate assertively, and, when necessary, litigate aggressively to pursue the full compensation you're entitled to.

From filing your appeal to collecting evidence and, if needed, preparing for court, we guide you at every stage with transparency and precision.

Don’t let a denied theft claim go unchallenged. Contact Vargas Gonzalez Delombard, LLP today to schedule your consultation.