Auto Insurance Claims: Oil change at dealer, mazda dealer, mazda 3

Question
I went to the Mazda dealer, to change the oil on my Mazda 3.  A couple hours later after leaving with my " new oil change"  my engine locks and find out the Dealer did not tighten the oil screw and all the oil came out.   They pretty much said it was there fault, put me in a loaner. They have made an estimate and have sent it to there insurance.   But sounds like they are looking for an engine with lesser miles but used. I really dont want that, but I am an easy going guy.  My question is this.... Can demand to have a "Brand New" engine with zero miles or do I have to settle for a used one. I just dont trust another mans used engine.  Thank you guys

Answer
Well, that could probably be better answered by an attorney, but with that being said. . .

My answer would be no, you can't have a new engine.  Now, if you are willing to take a deduction for betterment, you may have some negotiating power.  Additionally, you could potentially make a claim for diminished value which would compensate you (hopefully) for the stigma related to having an engine replaced.  

You can always demand whatever you like, but in reality, they only owe to put you back where you were before the incident.  They should be covering all costs related to your having to get a replacement engine.  If they can prove they have provided you with a comparable engine, I would be satisfied.  It is unlikely that they can produce maintenance records on the replacement vehicle, and I would probably use that as a negotiating point for diminished value recovery.

I hope this helps a little, that's a tough situation.  Information is always free at Petty Details, LLC.

JP