In the scenario when someone pulls out in front of me within the detection distance, I do the opposite. When I see them beginning to move into my lane, I put my foot on the gas pedal. A second or two later, the ACC detects the new car and wants to brake but realises I have my foot down, so flashes the distance control LED to let me know I'm in manual mode. Finally, the car will eventually either accelerate away or will return to it's original lane and I get off the gas and carry on using ACC.
The advantage of using the gas pedal rather than the brake pedal is that you don't have to re-engage the system after the manoeuvre is complete.
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