We’re Here to Help Denver Homeowners

Dealing with an insurance company that undervalues or denies your claim can be incredibly frustrating, especially when you've consistently paid your premiums. As a homeowner, you shouldn’t have to shoulder the financial burden of repairing or replacing property damaged by vandalism. Fortunately, you don’t have to navigate this battle alone—having the right legal support can make all the difference. At Vargas Gonzalez Delombard, LLP, our experienced team knows the strategies insurers use to minimize payouts, and we’re prepared to fight for the compensation you deserve. Whether through negotiation or litigation, we’ll work diligently to protect your rights and restore your peace of mind. Contact us today to discuss your case and find out how we can help.

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How Vandalism is Legally Defined in Denver

In Denver, vandalism is legally addressed under the term "criminal mischief." According to Colorado Revised Statutes Section 18-4-501, an individual commits criminal mischief if they "knowingly damage the real or personal property of one or more other persons" without consent.

Understanding Insurance Denial for Property Damage

Insurance companies often deny property damage claims for various reasons, including:

  • Insufficient proof of forced entry
  • Missing police reports or inadequate documentation
  • Policy exclusions for specific types of damage
  • Allegations of inadequate security measures
  • Suspicions of fraud or misrepresentation

Adjusters may argue that the damage was pre-existing or resulted from normal wear and tear. They might also claim that homeowners failed to take reasonable precautions to prevent the loss.

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Policyholder Rights and Insurance Responsibilities

As a policyholder in Denver, you have rights when dealing with insurance companies, including:

  • Prompt processing of your claim
  • A clear explanation if your claim is denied
  • The ability to appeal claim decisions
  • Full access to your policy terms
  • The right to dispute a denial and seek fair compensation

Insurance providers are legally required to handle claims in good faith. You have legal options when they engage in bad faith practices—such as unjustified claim denials, misrepresenting policy terms, delaying payment, or offering unreasonably low settlements.

If you suspect bad faith, keep records of all communications with your insurer. An attorney can help you pursue a bad faith claim, potentially recovering damages beyond your policy limits, including legal fees, emotional distress, and punitive damages in extreme cases.

Steps to Take if Your Vandalism Insurance Claim is Denied in Denver

If your insurance company denies your vandalism claim, follow these steps to protect your rights and seek a fair resolution:

Request a Written Explanation

Ask your insurer for a formal, written explanation of the denial. Understanding the specific reasons cited—such as policy exclusions, insufficient evidence, or missed deadlines—can help you determine your next steps.

Review Your Policy

Carefully examine your insurance policy to verify coverage details. Look for any clauses related to vandalism, exclusions, or requirements you may have overlooked.

Seek an Independent Assessment

Consider hiring a public adjuster to reassess the damages and provide an unbiased evaluation. Their expertise may help uncover overlooked losses or miscalculations in your insurer’s assessment.

File an Appeal

If you believe your claim was wrongfully denied, submit a formal appeal with your insurer. To strengthen your case, provide any new evidence, such as additional photographs, repair estimates, or expert opinions. Stay persistent and follow up regularly.

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Potential Impacts on Future Coverage

A denied claim can sometimes affect your ability to secure future coverage or lead to higher premiums. To minimize these risks, take proactive steps to improve your property’s security, such as:

  • Installing alarm systems and surveillance cameras
  • Reinforcing locks and entry points
  • Keeping detailed records of security improvements and notifying your insurer

How a Denver Lawyer Can Help

Preparing Your Case

A vandalism attorney in Denver can guide you through the process of strengthening your claim and maximizing your potential compensation. Key steps include:

  • Documenting Your Losses: Create a detailed inventory of damaged or stolen items, including purchase dates, costs, and model numbers. If possible, provide receipts, credit card statements, or past photos of the items to establish proof of ownership.
  • Recording Expenses: Keep receipts for emergency repairs, security reinforcements, or temporary housing costs if your property is uninhabitable.
  • Logging Communications: Document all interactions with your insurance provider, noting dates, times, and representative names.

Your attorney will review your documentation to identify any missing elements and may recommend gathering additional evidence, such as witness statements from neighbors or surveillance footage. Additionally, they will help determine the fair market value of your losses by consulting with professionals like contractors, appraisers, or forensic accountants. If you own unique or high-value items, they will ensure these are properly assessed and accounted for in your claim.


Evaluating Your Property Damage Claim

A Denver-based lawyer will analyze your insurance policy to determine:

  • Your coverage limits
  • Exclusions or restrictions
  • Any ambiguous policy language that may be disputed

If your insurer claims that the damage falls outside of your policy’s coverage, your attorney will assess whether their interpretation is fair and legally sound.


Negotiating with Insurance Adjusters

Insurance companies often attempt to minimize payouts or delay claims. Your attorney will handle all communications to prevent you from being pressured into accepting an unfair settlement. They will:

  • Counter low settlement offers by providing strong evidence
  • Challenge denied claims that are unjustified
  • Ensure you receive fair compensation based on your policy terms

If the insurance company engages in bad faith practices—such as unreasonable delays, misrepresenting policy terms, or denying a valid claim without explanation—your lawyer may pursue additional legal action under Colorado’s bad faith insurance laws (C.R.S. § 10-3-1115 and 10-3-1116), which allow policyholders to recover double damages plus attorney fees in bad faith cases.


Litigation and Court Representation

If negotiations fail and your insurer refuses to offer a fair payout, your attorney will be prepared to take legal action by filing a lawsuit. In court, they will:

  • Present a compelling case using expert testimony, photos, and financial documentation
  • Cross-examine insurance company witnesses to challenge their claims
  • Argue for full compensation based on the damages suffered

Even if your case doesn’t go to trial, having a lawyer ready for litigation puts pressure on insurance companies to offer better settlements to avoid court costs.

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Why Choose Vargas Gonzalez Delombard, LLP as Your Denver Vandalism Lawyer?

When your vandalism insurance claim is denied, having the right legal representation can make all the difference. At Vargas Gonzalez Delombard, LLP, we bring extensive experience in handling insurance disputes, particularly those involving vandalism claims in Denver, Colorado. Our in-depth knowledge of Colorado insurance laws, policy terms, and claims procedures ensures that your case is handled with precision and expertise. We take a personalized approach to every case, thoroughly evaluating your situation to develop a tailored legal strategy that meets your specific needs. Our attorneys are known for their aggressive representation, working diligently to protect your rights and secure the compensation you deserve. Whether your insurer claims insufficient evidence, policy exclusions, or other reasons for denial, we know how to challenge their arguments effectively.

Beyond assisting with your appeal, our firm provides comprehensive legal support throughout the entire process. We maintain clear communication, keeping you updated on every development, and remain readily available to answer any questions or concerns you may have.

By choosing Vargas Gonzalez Delombard, LLP, you are partnering with a dedicated, experienced Denver attorney who will fight tirelessly to overturn your denied vandalism claim and ensure you receive fair compensation. Contact us today for a consultation and take the first step toward protecting your rights.

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