An Albuquerque teen lost his life during a road rage shooting last year and his family is now suing—but they’re suing their own insurance company.
The family says the insurance company didn’t educate them on their policy, which led to the incident not being covered.
“Efrain Arzarte Jr. was a good kid. He was a nice kid, comes from a good family,” says David Elias Idinopulos.
Idinopulos is the attorney for the family, and he says Rogers and Luna were uninsured.
The car the teen was in didn’t cover uninsured motorists, and because of that, the teen’s insurance company didn’t cover the damages. Idinopulos says that should’ve been a part of his insurance policy all along.
“Under the law in New Mexico, an insurance company has to offer you what’s called uninsured motorist coverage for your motor vehicle,” he says.
Idinopulos says the uninsured motorist coverage doesn’t only cover a hit-and-run or an uninsured motorist in a car accident.
“In this particular case, uninsured motorist coverage also covers incidents where a vehicle is used as an active accessory to commit a violent crime against someone else,” he says.
The family filed a lawsuit against Fred Loya Insurance, claiming they didn’t do their job in educating the family about what their policy included. The New Mexico state statute says that is required.
“It is required by law to be offered in New Mexico, but the insurance industry cannot stand uninsured motorist claims. They don’t like to pay them out, and they sure as heck don’t like uninsured motorist claims that involve a criminal act,” says Idinopulos.
Fred Loya Insurance never returned KRQE News 13’s calls for comment.
Both Rogers and Luna took plea deals last month to the shooting. They face up to 15 and three years behind bars respectively.