My new car was stolen and recovered with an extra 2000 miles on it - can I ask the insurer to total loss it?

My three-month old Audi S3 was stolen and recovered three weeks later. It was bought from new and was still in showroom condition with 1800 miles on it. It now has an extra 2000 miles on the clock, is absolutely filthy inside and out - but has minimal bodywork damage and has no doubt been abused for those 2000 miles. The damage doesn't look enough to write it off, but can I insist that it be a total loss due to the fact that the insurance can't return it to its prior condition with the extra miles and no doubt excessive wear on the engine, brakes and suspension? It will also affect the terms of the finance agreement because of the extra miles and now excessive wear and tear.

Asked on 8 March 2018 by Dave

Answered by Tim Kelly
Yes you can. Ask the insurer to warrant the car from any future mechanical failure that may result from the vehicle being used whilst stolen. Also ask them to cover the loss in value due to mileage and the financial loss you have sustained due to the need to adjust your finance agreement. Your insurer must indemnify you i.e. put you back to the situation you were in prior to the loss occurring. Ask them to connect your vehicle via it's OBD and have them check for how many standing starts it has done, hit the rev limiter etc. You will soon have enough evidence to scare them into deciding to constructively total loss your car. Then ask for a new vehicle replacement.
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