Value added tax in case of compensation, complicated

Hello together, now I have a question, since I don’t know any more at the moment. Since my wife had a complete damage to her car, was after that still considered whether we had to have repaired, or buy another car. Now it is the case that a newer car was bought with declared VAT, only the question is, is this still refunded by the insurance? With the figures: replacement value: 10500€ residual value: 4000€ repair costs gross: 700€ repair costs net: 5822€ Now the insurance has, because we wanted to fictitiously settle, in order to repair, if necessary, the well-priced for them, i.e. the 5822 minus SB. After a few days and ample consideration / consideration, a 3 year newer vehicle of the same type was bought from the dealer with VAT, price here 13000€. Now the purchase contract was filed with the insurance with the request the VAT (difference repair costs gross net) to our account But it seems that the insurance company has a problem with the fact that it has to pay now suddenly more than the replacement value- residual value, a letter came with the answer in about “the replacement value was determined tax neutrally, therefore no VAT was deducted from the replacement value and thus no VAT can be refunded.” I find the whole thing somewhat strange, because in principle I have little with the Wiede Is a replacement not equal to a repair, so I’m counting on this basis?! Sorry, but somehow I’m standing on the hose right now and I hope something can be helped here. Thank you!