Vandalism Lawyer

Dealing with an insurance company that undervalues or denies your claim can be incredibly frustrating, especially after faithfully paying your premiums. As a New York homeowner, you shouldn’t be left to absorb the financial impact of repairing or replacing property damaged by vandalism. Fortunately, you don’t have to face this challenge alone. With the right legal support, you can level the playing field.

Protecting the Rights of New York Homeowners

At Vargas Gonzalez Delombard, our legal team understands how insurance companies in New York operate and the tactics they use to delay, underpay, or deny valid claims. We’re here to fight for your rights and have the experience and determination to pursue the full compensation you're owed. Whether through negotiation or aggressive litigation, we’ll advocate for your best interests and help you confidently move forward. Contact us today to discuss your case and learn how we can help protect your home and your future.

How Vandalism is Legally Defined

In New York, vandalism is prosecuted under the broader legal category of criminal mischief. According to the New York Penal Law, a person commits criminal mischief when they intentionally damage the property of another without permission. This includes:

Breaking windows
Spray-painting walls
Damaging doors or locks
Any other form of willful property destruction

The charge's severity depends on the extent and whether tools or explosives were used. For instance:

Criminal Mischief in the Fourth Degree (a Class A misdemeanor) applies when someone intentionally damages another person’s property, regardless of the monetary value involved (NY Penal Law § 145.00).
Criminal Mischief in the Third, Second, or First Degree (Class E, D, or B felonies, respectively) applies when the damage exceeds $250, involves explosives, or poses greater public harm (NY Penal Law § 145.05–145.12).

In addition to criminal penalties, victims of vandalism may seek compensation through their homeowner's insurance policy. However, insurance companies sometimes dispute or deny claims based on interpretations of “intentional acts,” exclusions, or property classification.

Why Insurance May Deny Your Vandalism Claim

New York homeowners' insurance policies are regulated under state law and subject to specific coverage standards, investigation, and claims handling. However, insurance companies may still deny property damage claims, especially in cases involving vandalism, for various reasons that can be difficult to navigate without legal guidance. Common reasons for denial include:

Insufficient evidence of forced entry or malicious intent

If vandalism is not clearly documented, insurers may argue that the damage doesn’t qualify under the policy’s definition of covered loss
Examples include broken locks, smashed windows, or surveillance footage
Under New York Insurance Law § 2601, insurers are required to conduct fair investigations but can still deny claims they deem unsupported by evidence

Missing or inadequate police reports

Reporting vandalism to the police is critical
Most insurers require an official report to verify the incident
Without it, your claim may be delayed or denied
Filing a report with the NYPD or your local precinct as soon as possible strengthens your case

Policy exclusions or limitations

Homeowners' policies often include exclusions for certain types of damage
Examples include damage caused by tenants, long-term neglect, or acts of civil unrest

Claims of inadequate security measures

Insurers might allege that a homeowner failed to secure the property properly
Examples include leaving doors unlocked or failing to install basic deterrents, thus contributing to the loss
While this doesn’t automatically void coverage, it can be cited as a basis for denial or reduction in payout

Suspicions of fraud or misrepresentation

Under New York Penal Law § 176.05, insurance fraud is a criminal offense
If an insurer suspects false statements or inflated repair estimates, it may deny the claim and refer the matter for investigation, even if the damage was legitimate

Claims of pre-existing damage or wear and tear

Adjusters often argue that the reported damage predates the alleged incident or stems from long-term deterioration
Since standard policies only cover sudden and accidental losses, not maintenance issues, distinguishing new damage from pre-existing conditions becomes essential

To protect your rights, it’s crucial to document everything, file promptly, and understand your policy and New York insurance law. You can appeal or escalate the issue with the New York State Department of Financial Services (DFS) if your claim is denied unfairly.

NY Policyholder Rights and Insurance Responsibilities

Your rights as a New York policyholder experiencing vandalism include:

Timely claim processing: Insurance companies must promptly acknowledge and respond to your claim. Under New York Insurance Regulation 64, insurers must begin investigating claims within 15 business days of receiving notice and provide a decision within a reasonable time frame.
Full access to your policy terms: You are entitled to receive and review the complete terms of your homeowners insurance policy, including all declarations, endorsements, and exclusions.
The right to seek just compensation: If you believe your insurer has wrongfully denied or underpaid your claim, you have the legal right to challenge that decision through mediation, arbitration, or litigation.

In some instances, policyholders may be entitled to additional compensation, including consequential damages such as attorney’s fees or financial losses resulting from the insurer’s failure to pay on time, if the insurer is found to have violated its obligations under New York law.

Steps to Take if Your Vandalism Insurance Claim Is Denied

Request a Formal, Written Denial

Under 11 NYCRR § 216.6(c), New York insurers are required to provide a written explanation when denying a claim
This letter must cite the specific reasons for the denial, such as alleged policy exclusions, missed filing deadlines, or insufficient proof of loss
Requesting this documentation is your first step in understanding and challenging the decision

Review Your Insurance Policy Thoroughly

Examine your policy's declarations page, coverage limits, and all endorsements or exclusions related to vandalism
Pay close attention to any notice requirements, time-sensitive reporting obligations, or security-related provisions that might affect your claim
If you don’t have a full copy of your policy, you are legally entitled to request one from your insurer

File an Appeal with Supporting Evidence

If you believe the denial was wrongful, submit a formal, written appeal to your insurer. Include any additional documentation that supports your claim
Examples include new photographs, repair invoices, expert evaluations, or police reports
Be sure to reference specific policy language that supports your position
Follow up regularly and keep a record of all communications

File a Complaint with the New York DFS

If your insurer remains uncooperative or you suspect bad faith conduct, you can file a complaint with the New York State Department of Financial Services Consumer Assistance Unit
DFS investigates consumer complaints and may help facilitate a resolution with your insurer

Potential Impacts on Future Coverage

In New York, a denied insurance claim, especially for vandalism, can affect your ability to obtain future homeowners coverage or increase premiums.

While insurers must adhere to state regulations regarding underwriting and rate-setting, they may still consider your claims history when evaluating your risk profile.

To help safeguard your insurability and demonstrate that you are a responsible policyholder, consider taking proactive security measures, including:

Installing alarm systems and surveillance cameras
Reinforcing locks, windows, and entry points
Documenting all security enhancements

How a New York Lawyer Can Help

When your vandalism insurance claim is denied, delayed, or underpaid, navigating the appeals process alone can be overwhelming. A qualified New York attorney experienced in property damage and insurance disputes can be your strongest ally in protecting your rights and securing your entitled compensation.

Here’s how legal representation can make a meaningful difference:

Interpreting Your Policy and Coverage

Insurance policies are filled with complex language, exclusions, and technical requirements. A lawyer can thoroughly review your policy, identify the applicable coverage provisions, and determine whether your insurer’s denial complies with New York Insurance Law and the terms of your contract.

Identifying Bad Faith or Unfair Practices

If your provider has misrepresented policy terms, delayed payment without cause, or failed to conduct a proper investigation, a lawyer can identify these violations and take action.

Gathering Evidence and Strengthening Your Case

Your attorney can assist in collecting key documentation, such as expert evaluations, repair estimates, photos, and witness statements, to build a strong case. They may also coordinate with licensed public adjusters to provide independent damage assessments.

Handling Appeals and Negotiations

Many disputes can be resolved through direct negotiations with the insurer. Your lawyer can draft and submit a formal appeal, argue your case, and push for a fair settlement, ensuring you don’t accept less than what you're owed.

Filing a Lawsuit When Necessary

If your insurer refuses to pay a valid claim, you may have grounds to file a lawsuit for breach of contract or bad faith. Sometimes, you may also pursue consequential damages, including financial losses and attorney’s fees.

Why Choose Vargas Gonzalez Delombard, LLP as Your New York Vandalism Claim Attorney?

If your vandalism insurance claim has been denied, having the right legal representation can help you secure the compensation you deserve. At Vargas Gonzalez Delombard, we have extensive experience handling complex insurance disputes and are well-versed in New York Insurance Law. We know how to hold insurance companies accountable for denying or underpaying legitimate claims.

What sets us apart:

Aggressive advocacy rooted in real legal experience
Clear and consistent communication throughout the legal process
Strategic guidance through appeals, negotiations, and litigation
Responsive client service, answering your questions and addressing your concerns every step of the way

From the moment we take your case, we prioritize protecting your rights and maximizing your recovery. If your insurer has wrongfully denied your vandalism claim, don't navigate the process alone. Contact Vargas Gonzalez Delombard today to schedule a consultation.