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It depends. If you were driving defensively and safely and did nothing to make the other driver hit you then they will be at fault. If you pulled a maneuver in which you somehow made them hit you (such as the swoop and swap insurance scam), then that can be a different story. Yes, if you are seen doing somthing either unsafe, illegal, or hazardous, or if any of those can be proven then you very well might be held liable. Like if your tail lights are out, or if you make an illegal lane change and a car merges into you.

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Q: Can you be liable if the other car hit yours?
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