no fault
No fault refers to a legal framework or claim resolution process that does not require determining which party, if any, was legally responsible for causing the loss or injury. In a no-fault system, liability is not based on blame, and parties may recover certain benefits or relief without proving fault. By contrast, a fault-based system requires proof that one party’s conduct caused the harm in order to prevail on the claim.
Common legal uses of the term no fault include:
- No-fault divorce: A divorce based on irremediable or irretrievable breakdown of the marriage or irreconcilable differences does not require proof of wrongdoing by either spouse.
- No-fault insurance: An insurance arrangement, most often applied to automobile coverage, in which the insurance company indemnifies the insured for losses regardless of how the loss occurred or who was at fault.
[Last reviewed in October of 2025 by the Wex Definitions Team]
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