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This depends on the situation, but if you were stationary, not moving and he hit you, he would be At Fault. In most cases if the other motorist hits you from behind it is his fault, as you must maintain full control of your vehicle at all times, and if he hit you from behind, that was not the case.

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Q: Who is at fault if the driver from behind hits your rear bumper while waiting at a fast food drive through parking lot?
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