It will depend upon state laws as well as your insurance company's guidelines if you can request a replacement vehicle instead of taking a cash settlement if your stolen vehicle, that was recovered, will be declared a total loss.

For example in Illinois the IL Division of Insurance states that an insurance provider can offer to replace your vehicle as long as the replacement vehicle is:

• comparable to your damaged or stolen vehicle: that is, the replacement is of the same manufacturer, same model year, similar body style, options and price range, in as good or better overall condition; and
• available for your inspection at a licensed dealer within a reasonable distance from your home.

The IL DOI also states that if your damaged or stolen vehicle is four years old or newer, the company must buy the replacement vehicle through a licensed dealer unless you waive this requirement in writing.

While the Office of the Commissioner (OCI) for Wisconsin states a personal auto policy is not a replacement policy. Coverage for your car is based on actual cash value. The actual cash value (ACV) of your car is based on the value of your car at the time of the accident or incident, taking into account its current market value. Therefore, the insurance company's obligation is to repair the car based upon its actual cash value or payout this amount.

So to find out if your state permits a replacement car instead of a cash settlement you can check with your state's insurance regulator. If this is an option in your state then check with your insurance company's claims adjuster that is working on your claim to find out if this is an option your insurance company offers.