A Disputes Tribunal decision finally found Mr Fitchett, who was driving an Audi, "drove carelessly as he should have given way to her" and ordered him to pay $1700 by last Tuesday. Ms Fehnker received the money at the weekend.
The tribunal decision states that Ms Fehnker was driving on a flush median strip on Akoranga Drive, with the intention of turning right. Mr Fitchett was coming out of the YMCA driveway and traffic was stationary but motorists had left a gap for him to come out and turn right.
He did not see Ms Fehnker on the median strip and their cars collided. The decision said Mr Fitchett claimed Ms Fehnker was using the flush median to overtake traffic, which would have been incorrect use of the strip, but the decision found she was not doing so.
She said Mr Fitchett told her he lived on a boat in Westhaven Marina and did not have a residential address, only a business post office box.
Ms Fehnker later contacted her insurance company, AMI, and due to the conditions of her third-party cover, staff referred her to Mr Fitchett's broker, Crombie Lockwood.
Crombie Lockwood said Mr Fitchett did not accept liability and advised her to pursue the matter through the tribunal.
Ms Fehnker said the process was not straightforward.
"I lodged a claim. I did not have Mr Fitchett's residential address ... so I put down his company address. I paid the $40 fee. I'm a student, that's half a week's grocery money for me."
The notice was repeatedly returned to sender and Ms Fehnker was told she needed his residential address.
Visits to NZ Post, the NZ Transport Agency and the AA did not turn up his address, and Ms Fehnker said eventually a Ministry of Justice employee agreed to accept another post box address and the tribunal hearing took place.
Mr Fitchett told the Herald: "I didn't deny liability ... her version of events and my version of events were just different. I replied [to her] when required. She was obviously getting a bit snarky about some stuff so I said, 'I'll see you in the Disputes Tribunal.'
"It didn't make any difference to me. I just had to pay my excess and it would have fixed my car and her car. It's no skin off my nose to do anything. I wasn't trying to get anything away cheaper."
When Mr Fitchett still had not paid by the tribunal-ordered date, Ms Fehnker was told she would need to file another claim to recover the funds, that would incur another fee.
"This process is terrible and it was costing me money. I am a student/new graduate and it's not like I can easily afford to just pay these random fees that keep being incurred. I think this whole process of how hearings and the details of before and after the hearing need to be reassessed."
A ministry spokesman said the further paperwork and a physical address were legal requirements.
A Crombie Lockwood spokesman said the insurance agency was advised by Mr Fitchett last Friday week of the tribunal outcome and it had arranged payment to Ms Fehnker on Friday.
Prior to that time, the broker was following its clients wishes to deny liability, the spokesman said.
