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I'm not 100% certain on what insurers would say but I'm going to go he's at fault. He had ample time to keep checking nothing was coming before trying to switch lanes id say.
He checked and committed and failed to check again while pulling out although he was indicating it wasn't clear in a line of standing traffic and he pulled out from a standing line on the left about halfway down where I'd be thinking they'd be committed to the left lane and not pull out.
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