Who is at fault when cars converge on lane 2 on a motorway?

I'd like some advice regarding the following situation. I'm in the overtaking lane of a three lane motorway, having just overtaken a vehicle in the middle lane. I start to move back into the middle lane, when I notice a car from the inside lane beginning to move to the middle lane in order to overtake a vehicle in the inside lane. He doesn't notice me and continues into the middle lane. Luckily I have seen him and move back into the overtaking lane to overtake him. This situation often occurs when I am driving on motorways. In all cases, the other car is totally unaware of my presence and we would collide if I do not take evasive action. So can you tell me, who has priority?

Asked on 28 July 2012 by RT, via email

Answered by Honest John
He does, because he can't see what you are doing in his mirrors because of the relative angles, but you can see him. You should anticipate his need to overtake the vehicle in front of him by seeing that he is closing on that vehicle. You describe what has become the commonest cause of motorway crashes, but it is always the fault of the driver in lane three failing to anticipate the needs of drivers in lane one.
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