Question Author
@chrissa that is my understanding of it too.
@redcrx
no its not in my statement, but, at the point I had started to overtake and could not go back. The vehicle I was overtaking was only just going slower than me, thus me having time to see the car behind coming to hit me, yet I could not do anything about it as I was constantly doing 70mph... 1.9 diesel berlingo doesn't like going any faster by much, and has little to no acceleration at that point.
One thing you are right on, I shall not be so quick to judge their distance/speed/brain engagement in the future. However at the time I could not pull over form overtaking, the vehicle had he been paying attention, did have ample time to put his brakes on however I do not feel he braked at all (just from feeling the shunt and the constant speed he came up to me from behind at the point I was in the 3rd lane overtaking and could not move back over)