NSW Car Insurance can't Determine Car Accident Liability?

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Jane Blase

31 July 2014
I'm heavily pregnant and was driving straight approaching an intersection with green traffic lights. I was in far left lane. 2 lanes in each direction. The lane to my right was queued with stationary cars due to the lights at an intersection further up the street were red.

I saw the other driver was going to attempt a right hand turn inbetween the traffic that wasn't blocking the intersection, and had drove into the lane next to me in the intersection. She had appeared to have stopped so I assumed she was waiting for me to go through the intersection, as I had right of way. Instead, she failed to check if my lane was clear and pulled out in front of me.

She admitted fault at the scene. When I asked if I should call police, she said no, not necessary. All the drivers around us saw what happened and because it was so obvious what had just happened and who was at fault, no drivers stopped to offer their details as witnesses and all drove off. There was no street cameras. Neither of us had dash cams and we were both the sole occupants of our vehicles.

She offered to privately settle as she didn't want it to affect her "no claims bonus" and increase her premiums. A few minutes later suggested that if I paid her excess, she would admit fault to NRMA and organise the repairs to my vehicle ($6000 for major panel replacement on a brand new mazda 3, v.s. some minor scratches on her bumper for an older car). I said I wouldn't agree to anything until I spoke to my parents. The next day I refused her offer to pay her car insurance excess, however said I would accept a private settlement, if not please put a claim in. She spoke to her husband and suddenly refused to put in a claim, as neither of them wanted it to affect their insurance premiums/bonuses. I told her I had already been in touch with police assistance line, NRMA and had attended hospital as a result of shock on my unborn baby. She finally agreed to put in a claim. She then refused to hand in any documents for a month. I completely complied with everything NRMA asked and regularly stayed in contact. I spoke to at least 3 of their consultants who advised it definitely sounded like she was at fault, couldn't understand why she was even attempting to dispute liability as there are traffic laws regarding right hand turns which she clearly broke, and were considering a section 54 if she continued to ignore mine and the insurance companies requests to submit her diagrams and version of events.

I was advised today, a month after the car accident that she called earlier today and lied to NRMA and told them I ran a red light. This is not true and she has absolutely no proof of this. NRMA put to me that I had no proof that I didn't, as I didn't have any witnesses. As a result, they could not determine liability as a result of conflicting stories, so I have to wear my own repair costs, as does she.

She has full comprehensive insurance. At the time I had only CTP insurance as my comprehensive insurance was cancelled 3 weeks prior due to financial hardship.

What can I do when the other driver is lying and providing false/misleading statements to her insurance company to avoid liability, but neither of us have proof other than the damage to our vehicles and my mother on the phone who heard the other driver trying to bargain her way out of making a claim. Does NRMA have to take her side, despite several of their phone staff saying that it was her fault, but cannot do anything about it because she has provided a conflicting statement, therefore liability cannot be determined?