Can I use my apple care if my iPhone isn't broken to get a fresh new/refurbished iPhone?

I have Apple care on my iPhone 5s and will be expiring in a few months, I don't have major damage, but it does have a few scratches and dings around the edges.

It would have to be broken in some way. You wouldn't get a new one. It would be refurbished. I've seen people get refurbished ones, that didn't work right, and ended up going through a couple of them till they got one that worked good. So you would probably be ahead to hang on to yours.

Depends how damage

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