so the assessor person came today to look at the damage. he says to me, so you almost made it through the intersection didn't you. i reply, yes. he then proceeds to tell me that he is not finding me at fault because the other driver would have had enough time to see me and should have braked... so this is good news!
so either it was the other drivers fault or no-fault. this is the bright side to my accident now we just need to go get the car repaired. the adjuster also opened my tailgate for me. so in the mean time i can drive my car and get the tailgate open.