Legal Question in Civil Litigation in Virginia

Re: Autombile Repair

You're entitled to a replacement that's reasonably similar to the transmission that was damaged. You're not entitled to a new one, because yours wasn't new. You're entitled to a used one that's two years old, with however many miles it may have on it. Alternatively, you could have your transmission repaired, whichever is cheaper. I would agree that you're not required to take any old used transmission, without some way to document similar wear.

I'd point out that from a different perspective (i.e., nonlegal) that a used, but rebuilt transmission is often better than a new one because the metal has already warped from heat if it was going to and been corrected, and it's more likely to get a closer inspection than a new one.

Perhaps you could get the adjuster to approve the installation of a rebuilt transmission, or else pay for your rental car until someone can find a transmission that's no more than two years old.