The overtaking car, Evo, assumes all responsibility when passing to avoid the slower car. This was a lapping track day, not a race. Also the Evo did not get a point by or turn signal from the M3 to indicate consent to pass. As an example, you can see the previous car, the Porsche, puts his right turn signal on to give passing consent.
The Evo was driving too aggressively, again it's not a race, he should have slowed and waited for a better (safer) opportunity to pass.
Get a professional motorsports full featured stopwatch app for your Blackberry here: http://appworld.blackberry.com/webstore/content/19464
Invest Wisely...The best mod for your money?? BMWCCA high performance driver's school. The mod that lasts a lifetime and improves the performance of any car you drive