What do the two cars in my analogy have in common
They're at exactly the same level?
If we all follow the rules then shouldn't be needed, but as mentioned, anything less then a mile and the radar controller probably won't notice it, never mind mention it. When procedural, fill your boots, no one knows what you're up to.
Then again, what if you offset a mile to the left and the oncoming offsets a mile to his right? You're no better off, are you?