You cant just say “I dont want my car to be fixed” - the insurance companies RIGHT is to pay you cost of repairs or cost to replace your vehicle (actual cash value).. whichever is cheaper. So, your right is to get a check for that amount.. and do with it what you please.

Your vehicle, if repairable, must be returned to pre-loss condition.
YOU have the right to choose the repair shop
You do not have the right to demand the vehicle be totaled if it’s not a total
You have the right to a replacement vehicle (rental car) during the time your vehicle is being repaired, not a day more.
You have the right to trade your vehicle in, as it is, for another one–the insurance company will still pay for repairs.

Rules on this will vary. You can refuse to have it repaired if the damage exceeds a certain amount or percentage of the value, or if it’s under a certain age.

Here are some rights you’ll have: They should pay for a rental vehicle while your is being repaired, or for a reasonable amount of time for you to find a new vehicle if it gets totalled (for example, they should pay for a rental until the claim is settled, plus an additional week if it gets totalled). If you decide not to get a rental, they should reimburse you the costs associated with having to pay someone to drive you around, usually up to the amount a rental would cost per day.

If the vehicle is not in satisfactory condition for you when they finish working on it, you do not have to accept it until you are satisfied with the repairs. They’re supposed to make it as it was before it was damaged.

I certainly don’t blame you for not wanting it repaired, you bought a new car and not a repaired one. I would tell them as much when dealing with them and tell them you want it replaced, not repaired. Since it is only a month old, they should step up and pay you the full amount of the vehicle. Good luck with this, I hope you can get it replaced.

Before going through your carrier, I would weigh the options of having an attorney take care of it and leaving your insurance company out of it. I say this because I’ve seen people get taken advantage of by going through their carrier and tehy worked together with teh other company to save them money.

You have more leverage working with their carrier since it was their fault and they’ll want to avoid a lawsuit if at all possible. If you work with your carrier, it is not as easy to pursue legal action and you have less leverage.

Also, they will ask you questions in a recorded conversation trying to get you to say you have no injuries. The best answer to “do you have any injuries” or “do you have any signs of injuries from this accident” or any other question like this is to say “not at this time” or “nothing that’s apparent right now”. This will prevent them from saying you told them everything was OK and you weren’t injured if it goes to court later on from injuries that may come out from the accident later.