Few things are more important to most people than their homes. A home provides more than physical comfort; it also provides emotional and financial support, and many consider it one of their most important assets. If your home or other property is damaged, you might find yourself at a loss for where to begin with repairs and recovery. Securing a full recovery for the damage often involves a complicated analysis of your insurance policy and tense conversations with your insurance provider. It is not uncommon for insurance providers to attempt to settle a claim for less than the homeowner deserves, requiring you to contest the amount with the insurance provider and potentially proceed to trial. If you or a loved one has suffered damage to your property in New York and are struggling to secure the recovery you deserve, contact the experienced New York Property Damage Lawyers at Dolman Law Group today.
Causes of Property Damage in New York
Property damage is physical damage to tangible property. Many things can cause property damage, but some are more common or more detrimental than others. Property damage causes to keep an eye out for include:- Natural causes like earthquakes, hurricanes, hail, wind, storms, landslides, fire, mold, frozen pipes
- Construction defects such as foundation cracks, water leak, faulty workmanship
- Human error including failure to repair property issues
- Approximately one in 20 insured homes has a claim each year
- About one in 40 insured homes has a wind or hail related claim each year
- An estimated one in 50 insured homes has a claim caused by water damage or freezing each year
Who is Responsible for Damage to My New York Property?
Whether a third party is responsible for damage to your property depends on how the damage was caused and can include:- Trespasser: If your property is damaged because of the intentional or negligent act of a trespasser (or in some situations, an invited visitor), they are responsible for the damage they have caused.
- Contractor or subcontractor: If you are having work performed on your house by a contractor or subcontractor, they are expected to provide quality workmanship. If they provide substandard work quality that causes either immediate damage or future damage, the worker is responsible for their poor workmanship.
- Local government: If the damage was caused by the failure of a local government or agency to maintain government property, they are responsible for the resulting damage. For example, if your house is located next to a government-owned greenbelt, the government is responsible for ensuring trees are safely maintained to avoid damaging property. In 2019, New York City received 7,176 property damage claims, and the city paid out $7.5 million in property damage settlements. The majority of these claims related to motor vehicles but also included water main breaks and sewer overflows.
- Insurance company: If there is no third party responsible for the damage, your insurance provider is responsible for any damage covered by your insurance policy. This is the most common path to recovery after damage caused by a natural event.
What Should I Do Once I Discover Damage to My New York Property?
The appropriate steps after discovering property damage will depend on how the damage was caused. No matter the cause of the damage, you should take immediate steps to prevent further damage. Property owners have a duty to mitigate damages, meaning that you must make reasonable efforts to stop incurring further damage. For example, if you have a burst pipe, you should contact a plumber as soon as possible rather than waiting for the responsible party to get involved. Once you have taken the necessary steps to prevent further damage, assess the cost of the damage. This includes the cost to repair damaged physical structures and to replace personal property that was destroyed. This analysis is much easier if you have kept a home inventory detailing your possessions. Almost half of all households, however, do not keep such an inventory. Your lawyer can work with you to determine whether depreciation needs to be considered for any property. If you have documents supporting your valuation of personal property, this will be valuable evidence for your claim. Once you have taken any necessary steps to prevent further damage:- File a report with the city. If the property damage was the fault of the city, file a report. Many city's documents are available online. For example, New York City's form is available here.
- File an insurance claim. If there is not a third party responsible for the damage, file a claim with your homeowner's insurance provider.
- Pursue legal action against the responsible party. If a trespasser, contractor, or other third party caused the property damage, you may need to take legal action to secure recovery.
What if My Insurance Rejects by New York Property Damage Claim?
In a perfect world, the responsible party or your insurer will agree with your assessment of damage and take timely and efficient action to fix your property and reimburse you for any out-of-pocket damages. Unfortunately, this is not often the case. Whether you are pursuing recovery from the government, a third party, or your insurer, the odds are high that they will either reject your claim or dispute the damages. For claims against a third party or the city, strong evidence supporting the other party's liability and documentation of all the costs of repair and replacement are essential to securing the highest possible recovery. For recovery through an insurer, the first step is to read and understand your insurance policy. The type of coverage available will depend on your policy, and there are different policies for privately owned homes and commercial property. The purpose of homeowner's insurance is to provide financial relief if a covered event damages your home, other covered structure, or personal property. Common coverage in homeowner's insurance policies include:
- Damage to your house: The policy will include a maximum amount you can recover for damage to the house and attached structures like a porch
- Other structures: If you have other structures like a shed or detached garage, this coverage will apply to repair or replace those structures
- Personal property: Personal property includes the contents of the house. Personal property is often damaged in incidents like a water leak.
- Additional living expenses: If you are forced to seek alternative living arrangements because of the property damage, this coverage applies.
- Comprehensive personal liability: Personal liability coverage is relevant when a third party brings a claim based on activity at your property.
- Medical expenses: Medical expense coverage normally limits coverage for each person in an accident.
- Flooding including drain and sewer backup
- Earthquakes, landslides, and sinkholes
- Infestations by birds or vermin
- Infestation by fungus or mold
- Wear and tear or neglect
- Nuclear hazard
- Government action including war
- Power failure
- Knowingly misrepresenting to claimants pertinent facts or policy provisions relating to coverages at issue;
- Failing to acknowledge with reasonable promptness pertinent communications as to claims arising under its policies;
- Failing to adopt and implement reasonable standards for the prompt investigating of claims arising under its policies;
- Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims submitted in cases of reasonably clear liability, and after receiving a properly executed proof of loss, the insurer shall advise the claimant of acceptance or denial of the claim within thirty working days;
- Compelling policyholders to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them; and
- Artificially deflating or otherwise lowering cost data used for adjusted claims or using cost data that is not appropriate for the region of the state where the loss occurred.
Work With an Experienced New York Property Damage Attorney
- Determine which party or parties are responsible for the damage;
- Assess the monetary scope of the damages;
- File any claims or lawsuits for recovery;
- Analyze your homeowner's insurance policy;
- Communicate with the insurance provider or defendant;
- Prepare and file legal documents; and
- Advise on any settlement offers
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