In reference to law, “no fault” is primarily used to denote claims that are adjudicated without any determination of fault. In a no-fault claim, the parties are not required to prove any party’s blameworthiness to resolve the claim. In contrast, parties to a fault-based claim must prove a party was at fault to prevail on the claim.
Some common uses of the term “no fault” in a legal sense include:
- “No-fault divorce” is a divorce based on a showing that the parties had an irremediable or irretrievable breakdown of the marriage or had irreconcilable differences, and does not require proof that one party was at fault for the marriage’s failure.
- “No-fault insurance” is a broad term that can be used to describe any type of insurance in which the insurance company indemnifies the insured for losses regardless of how the loss occurred or who was at fault. No-fault insurance is primarily used to refer to no-fault auto insurance.
[Last updated in July of 2020 by the Wex Definitions Team]