Re: who had right away?
Huck, my initial impression is that you should have maintained your initial course and speed
( or lack thereof)
You had your sail up, and were the stand-on vessel. Your obligation is to maintain your course and speed, so that the other vessel can give way. By changing your course to cut across his bow...you probaby created some confusion, it sounds like he altered course again. However, it also sounds like he passed too close astern given the uncertainty of the situation.
It sounds to me that you were both equally at fault. You for changing course, and he for not slowing and altering course and speed sufficiently...( positive and early ) to avoid a near collision. But, of course, I wasn't there.