by Dobby  06/02/2014  127 Page Views
3 Comments  Commercial law, litigation, contracts, IP, property law
This has nothing to do with Housing or rent, it is a question on consumer and contract stuff.
If this is in the wrong section then please relocate and not delete. I could not find a more appropriate place to post this.

So I'm third party to an Insurance Claim.
I took my car to the Auto-Repair, they discussed a quote with the insurance Company (NRMA) and the cost of damages has been finalized.
When I went to pick up my car after the assessment, I was told to sign a document to allow them to repair my car and giving them authority to chase up the funds from the insurer on my behalf.

I believe it had a phrase something along the lines of: "I __________ authorize RJ Motors to act on my behalf"........ "the sum of $_____".... e.c.t.
It was personalized for that Auto-Repair shop, so I believe they created the document themselves.

It essentially game them authorization to collect the damages to the amount agreed in the quote for when they repair my car (they have not yet repaired my car, I have not booked it in yet)
Since then I have decided to not repair my car, I instead want to pocket the damages and sell the car for scrap metal, as I won't be using the car much anymore.

I telephoned NRMA and they said that if I have signed a Power of Attorney form, then they will not pay me a cash settlement until I cancel the agreement I made with the Auto-Repairs.
I do not believe the piece of paper I signed was a PoA form. I believe it had a heading starting with D, it was a single word.
I already found information that says if it was a PoA, then I can revoke it with a phone call.

I am wondering if I have any ability to revoke their authority / negate the agreement or just tell them that I don't want to repair my car anymore.
I would also like to add that the form wasn't 100% filled out when I signed it, most significantly, the final quote amount was not finalized and the person signing as a witness stated "I will just fill that in later". I dated it on the date 48 hours before I was able to get the finalized quote amount from the insurance company directly. Nor did I receive a copy of this form as my own.

So if I ring to say that I no longer wish to proceed with repairs, and they say that I have already signed the form so I can't get out of it, what legal rights do I have?

Thankyou.