Auto Insurance Claims: Auto claim, repair or replace

Question
Someone hit my truck while i was not in it.I have a claim and am currently dealing with the insurance company. Can i demand that they replace my fender with a new one instead of repairing the damaged one? What are my rights?

Answer
Your insurance policy and that of another's is responsible only for a like kind and quality repair.  If the fender can be repaired for less than it can be replaced, then they have the right to repair.  You only have the right to be put back where you were before the accident.  

Now, you can probably demand a new one and if they put it on there they may try and charge you with betterment.  If you give me more information, like whether this is a first party or third party claim, and what state it occurred in, then I could give you more direct information.  Third party claims and some first party claims may have diminished value associated with them, so you want to look at all angles.