Expert: Bennie719 - 5/24/2008

Question
Hello Bennie, my sister in law was in car accident in Phoenix, AZ yesterday with minor injuries to the other party. Both vehicles sustained significant damage.  She was driving a Wisconsin plated vehicle with no valid registration. Moreover, her auto insurance expired five days prior, due to non payment of premium. Do you know of any AZ state law that allows a grace period after the expiration of Insurance? Also what are the ramifications for no registration?

Answer
Hi Kristen,
It's not the state laws that would determine if there is a grace period on an insurance policy, it's the company itself.
I know of no companies that allow a grace period of coverage on an expired policy in any state.

Since Arizona is a mandatory insurance state, I would expect that she will be cited for no proof of insurance and no valid registration, plus any traffic infractions.

Unlike the 51 Percent Bar Rule that applies in Wisconsin, Arizona recognizes the Pure Comparative Fault rule, which allows a damaged party to recover even if it is 99% at fault, although the recovery is reduced by the damaged party's degree of fault.
This means that if the other party can not be proven to be 100% at fault, a division of fault will be established.  Your sister in law will be found to be somewhere between 1%-99% at fault and she will be financially responsible for that percent of damage and injuries in the other car.

I hope that you find this information helpful.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area