I bought my brand new car last July 31, 2017 inclusive of Comprehensive Insurance. Just last October 21, 2017, I accidentally bumped the wall on the steep road of Batangas due to lack of break. I got minor injuries together with my 4 colleagues inside the car. I brought my car to the nearest center of my car dealer. I submitted all the requirements needed including the Police Report for my claims. Suddenly, as per estimation, the car dealer may declare "total loss" with my unit.
Can I still demand for the replacement of my car if they cannot fix it? What is the best way to handle this? My car is just 2 months old under my name and experienced this "lack of break", can I still demand to bring back my car in a good condition or replacement of the unit without shouldering any costs?
Thank you in advance.