(WSVN) – Her car was hit by another driver. The insurance company said it’s a total loss. She said, “No, it’s not a total loss,” and she repaired it. When the insurance company replied, she was stunned and turned to Help Me Howard with Patrick Fraser.

This could be you. You get on the road, you’re careful, they’re not.

Gyna Hightower: “Someone hit me from behind. It caused me to hit an 18-wheeler which bounced me off of it. I hit the wall.”

Gyna was OK. Her car was not.

Gyna Hightower: “The bumper was destroyed all around. The car was destroyed.”

Gyna then got a break. A good Samaritan followed the hit-and-run driver.

Gyna Hightower: “And they reported it to the state troopers and they were able to catch her.”

That turned out to be important because Gyna only has personal injury protection, which doesn’t cover collision damage.

But the driver who hit her had collision insurance, so she filed a claim with that insurance company.

Gyna Hightower: “Allstate declared the car a total loss.”

Gyna said it was not a total loss, just body damage. So she paid a repair shop $4,500 and she was back on the road.

Gyna Hightower: “The car was in good shape. I love my car.”

She met with the insurance rep again. They offered her 5,000 dollars, but…

Gyna Hightower: “I would give them the title of the car, declare the car a total loss.”

Accepting that offer means Gyna would have give her car to the insurance company.

Gyna Hightower: “It is sad.”

Sad because if she took the $5,000 the insurance company is offering after she spent $4,500 to repair her car, she would be left with $500, no car, then have to buy another one.

Gyna Hightower: “Well, my car was paid for. I’m not trying to get into another car payment right now.”

Gyna’s Nissan lists anywhere from $5,800 through $9,900.

She said she is not giving her car to the insurance company to basically collect $500.

Gyna Hightower: “And it’s just not fair. I would just like to be reimbursed what I paid, which is $4,500, to get the car repaired.”

Might not be fair, but is it legal Howard?

Howard Finkelstein: “Gyna is entitled to get the car repaired unless it costs more than 80% of what the car is worth. In this case, if its worth $7,000 and the repairs cost $4,500, it makes it less than 80%. So not only should the insurance company have to pay for the repairs, they have to pay for a rental car for Gyna as well.”

I contacted Allstate in April. After asking “Would you mind sharing your deadline?” They did not respond to a dozen emails and phone calls.

When I told them the story was going to air this week, they wrote: “We are working with the customer to resolve the claim.”

But Gyna said she has not heard from anyone at Allstate in months.

Gyna Hightower: “Sort of surprised, but not so surprised. They’ve been some tough people to deal with.”

Howard?

Gyna Hightower: “If they do not pay Gyna, the best option: Sue in small claims court. It’s inexpensive and you can do it yourself.”

Gyna hopes Allstate comes through and she doesn’t have to go to court to get reimbursed for repairing damage that was their customer’s fault.

Gyna Hightower: “The reason I’m bringing it to you guys is I hope I can retrieve what I’ve paid out, but if not, at least it gives exposure to the big business of business.”

It’s an unusual one since Gyna paid to repair the car and doesn’t want to give it to the insurance company.

That’s why if it’s not settled, it may take a judge to decide. We will follow along and let you know what happens.

Crashed into a problem? Want to insure you get help? Contact us! You will be in good hands cause we won’t hit-and-run. With this Help Me Howard, I’m Patrick Fraser 7News.

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