Who is right?

Had a collision yesterday whilst sailing in a NNE F3. the course set on a tidal estuary involved setting a reach across the river crossing where other boats were beating back through the start finish line. we were on starboard reaching for the wing mark, both fully hiked 3 sail reaching. as the mark was quite tight the kite was sheeted quite tight. half way across the reach i heard a shout followed by a second shout "starboard" several seconds later. as i was on starboard i did not respond. a second or so later we were hit on our port tramp by a cat sailing to windward. there was no damage to us, but we retired anyway.
When i caught up with the other party they acknowledged that they had seen us a 100m's or so before the impact. they also acknowledged calling starboard when in fact we were the windward boat. i did not see them, so had no opportunity to avoid collision.
their boat was damaged on the tip of the starboard hull.
who's right and who should accept responsibilty?
i'll have to sort this with these guys before we can progress repairs.

Cheers Ps boat is a B14

You were windward boat. You failed to keep a proper look-out. The kite being in the way is not an excuse. Sorry but it's quite clearly your fault. The incorrect hails they were making are neither here nor there. It was you, not they, who were obliged to maintain a look-out and keep clear.

Did they protest?

I think Stefan is right. I also doubt that the Cat "had the opportunity to avoid a collision and chose not to take it".

With the wind as you describe it and with the angles you describe and different speeds, it is more likely he didn't realise you were on a collision course AND you were unaware of him AND you were unable to manouvre until it was too late for him to avoid you. It certainly would have been better for him to have hailed earlier - and correctly - he certainly wouldn't gain by delaying.

Fair comment Stefan.

"14 AVOIDING CONTACT

A boat shall avoid contact with another boat if reasonably possible. However, a right-of-way boat or one entitled to room

(a) need not act to avoid contact until it is clear that the other boat is not keeping clear or giving room, and

(b) shall not be penalized under this rule unless there is contact that causes damage."

If they'd seen you and (presumably) realised they could be on a collision course 100m away then they surely had time to establish that the B14 was not keeping clear and still be able to avoid collision. Therefore both boats have broken rule 14, and I think that serious damage tends to result in automatic disqualification. There is no requirement for hails to be made, but they make a stronger case for redress etc.

Stefan - both boats are required to keep a proper look out!