Drunk Driver Takes my Palms Out

[palmaddict]

Sat down to work on computer and of course check the IPS forum around 11:30 PM Friday evening. I live on a steep hill where the road has a broad turn in it before is straightens out to the summit of the hill. As with most residential areas the speed limit is 25 mph. Well just as I sat down I heard a car really hit the acceleration and it must have been a quarter mile down the hill but you could tell it was really coming. I heard this inside the house with all windows and doors close. Following the acceleration was a delayed screeching sound that lasted about 2-3 seconds and then a really loud crash. From the length of the screeching sound I predicted the bad outcome. Well after the loud crash I came outside to see that a BMW M3 (upwards of $60,000) had pancaked off my retaining wall after sliding sideways for what appeared to be 50 feet. The entire left side of the car was demolished with airbags deploying, all four tires deflated, and two shocked but otherwise healthy occupants. Here is an overall shot of the wall they hit and the tire marks on the street are made from the car sliding sideways with the driver's side making the impact against the wall. Unfortunately in the path of their car was a Jubaea chilensis just starting to really put on a trunk and an even more precious Aloe dichotoma with six feet of trunk and its amazing branching arms.

Patrick

[LJG]

Patrick, their insurance will cover it. Bummer still. I know a few people here on PT that have had similar things happen to them.

[palmaddict]

In the last picture keep in mind that those skidmarks are going up a steep hill. I would estimate he was going 70 mph when he started to "fishtail." Well the California Highway Patrol showed up and he tested out at about twice the legal limit for alcohol (around 0.16) which because of my forensic science background and the drivers weight is the equivalent to consuming 10-12 beers in two hours and then climbing in the car. Well he was arrested and his car towed and I was left with the following. First a shot of the Jubaea that was slid over by the vehicle with about a quarter of trunks heft being taken off by the low profile of the car body.

[palmaddict]

The round mark you see on the wall in the prior photo is the left front rim mark. Amazing the wall suffered only cosmetic damage probably due to its curved shape which redirected the car outward back toward the street. Here is the damage to the trunk of the Jubaea and I am interested in your opinions in whether it might survive. I think it will as the growing point appears undamaged. However, I am inclined to replace it because I don't want to grow it another 10 years only to find out that it will never have a normal trunk.

[palmaddict]

Now the Aloe dichotoma which I think is a much harder plant to come by especially at this size and quality. It was perfect with no blemishes. Here is a shot of the the trunk in multiple pieces along with a 5 foot shovel for scale.

[palmaddict]

Here is a shot of the arms of the Aloe dichotoma that were severed at impact and tossed toward my neighbor's yard.

[palmaddict]

Well I would guess the Aloe dichotoma might have been worth $1,000 and the Jubaea chilensis perhaps $500. I would like to replace both of them. I have heard that insurance companies value plants at $500/each regardless of value. Does anyone know if that is true? In addition, does anyone know where I might be able to find these replacements. I can't remember who from North County San Diego was selling Jubaea's recently with a good size to them. The Aloe is tougher to replace but any help would also be appreciated. You work on having something nice and then someone not only drunk out of their mind but driving reckless does part of it in. Also now that I have experienced this I am think of incorporating some 2,000 pound landscape boulders to be strategically placed in my front landscape not only enhancing its look but also serving as a gentle reminder. Is there a code rule on how close these boulders can be placed to a sidewalk? In placing the boulders I would also take out the lawn as I am moving toward a more water wise landscape. Well that was my late Friday night.

Patrick

[Wai`anae Steve]

Here is a shot of the arms of the Aloe dichotoma that were severed at impact and tossed toward my neighbor's yard.

I think you can "root" the broken pieces of the Aloe. To bad about both.

[Kris]

Dear Patrick

Iam very sorry to hear & see those visuals..but one should be glad that no one was injured,and iam reffering to you & your family members.Since drunken driving accidents can be pretty nasty and most of the times to folks who are standing in the direction of the ill fated vehicle.And this one happens here quite often.And most of the time the drivers get away by just paying the compensation to the affected victim.

And your choice of replacing the at damaged jubea is a wise move,since a damaged palm is a declining palm.And next time when you plant,kindly do not forget to place rock bolders in a decorative manner,with its base concretiesd with its surrounding.So that when such a thing recurs in future lets see that the palm does not have to take the betting as much as those vehicles would.And i think your property is in line with slope.Can you post stills of the main road,you must put some reflector signs showing that drive way leading to your house is a private property & not a road or street.

Since the speed you mentioned of the BMW,i think that drunk driver initially mistook your pathway as the mainroad..So he came near your property too late to realise that its a house not a road..

Take care,

Love,

Kris.

[Justin]

The Exotic Fruit Farm on East Vista Way in Vista had a ton of larger Jubaeas a year or two ago - probably 30-50 of them. Unless some speculator bought them out in the hopes of flipping them, they should still have quite a few.

[Moose]

Well I would guess the Aloe dichotoma might have been worth $1,000 and the Jubaea chilensis perhaps $500. I would like to replace both of them. I have heard that insurance companies value plants at $500/each regardless of value. Does anyone know if that is true? In addition, does anyone know where I might be able to find these replacements. I can't remember who from North County San Diego was selling Jubaea's recently with a good size to them. The Aloe is tougher to replace but any help would also be appreciated. You work on having something nice and then someone not only drunk out of their mind but driving reckless does part of it in. Also now that I have experienced this I am think of incorporating some 2,000 pound landscape boulders to be strategically placed in my front landscape not only enhancing its look but also serving as a gentle reminder. Is there a code rule on how close these boulders can be placed to a sidewalk? In placing the boulders I would also take out the lawn as I am moving toward a more water wise landscape. Well that was my late Friday night.

Patrick

Patrick - I am not an attorney however, do not accept a $500.00 per plant limit, plain bunk. It is property damage and you are entilted to replacement plants of the same size value period. The insurance company adjuster will try to pay you as little as possible, that is their job. The wall needs to be repainted and grass resodded as well in your claim.

Moose

[BS Man about Palms]

Bummer Patrick. Good luck all around.

[Zeeth]

Well I would guess the Aloe dichotoma might have been worth $1,000 and the Jubaea chilensis perhaps $500. I would like to replace both of them. I have heard that insurance companies value plants at $500/each regardless of value. Does anyone know if that is true? In addition, does anyone know where I might be able to find these replacements. I can't remember who from North County San Diego was selling Jubaea's recently with a good size to them. The Aloe is tougher to replace but any help would also be appreciated. You work on having something nice and then someone not only drunk out of their mind but driving reckless does part of it in. Also now that I have experienced this I am think of incorporating some 2,000 pound landscape boulders to be strategically placed in my front landscape not only enhancing its look but also serving as a gentle reminder. Is there a code rule on how close these boulders can be placed to a sidewalk? In placing the boulders I would also take out the lawn as I am moving toward a more water wise landscape. Well that was my late Friday night.

Patrick

Patrick - I am not an attorney however, do not accept a $500.00 per plant limit, plain bunk. It is property damage and you are entilted to replacement plants of the same size value period. The insurance company adjuster will try to pay you as little as possible, that is their job. The wall needs to be repainted and grass resodded as well in your claim.

Moose

I agree. If they try to give you $500 per plant, just name a bunch of other stuff that happened to make up the cost. That wall paint sure was expensive, wasn't it? That whole wall must've costed $500 to paint easy. That grass was expensive too. It's one giant plant, so there's another $500.

[rozpalm]

That is really horrible to see. I hope that the insurance company makes you whole without a big hassle. An M3 is not a car to climb into when drunk. The new ones I think have a V8 and +400hp and can go from 0 to 60 in 4.5sec.

[oppalm]

The $500 per tree/plant is usually what the insurance company for damages to your own plants if damaged by wind or fire or ice, etc. i.e. your own homeowners insurance coverage.

When someone else damages your plantings, its a liability claim and the other insurance should offer full value settlement on your trees. In some cases its a negotiated settlement based on several factors. I recommed you obtain a written cost to replace the palm trees from a local nursery and be prepared when the adjuster calls.

Now, if it turns out that the car and driver have no insurance prepare yourself for big hassles.

EDIT ; Insurance fraud is a terrible thing. don't do it. You have been inconvenienced, keep your expectations reasonable, be willing to negotiate and you will be fine.

Edited August 3, 2009 by oppalm

[CromulentKevin]

Although the palm tree damage and hassle sucks, bear in mind that neither you nor your loved ones were in the path of that maniac. Things could have been a lot worse!

[MattyB]

Sorry to hear of the accident Patrick. I hope it works out for you.

[Kim]

I'm sorry about your plants and garden, that is crazy, and a very sad shot of your Jubaea chilensis. I hope everything settles out to your satisfaction, and wonder boy driver takes some responsibility and suffers some serious consequences.

[Borgy230]

any pics of the car!?

[downtownfish]

I wish the palm was bigger so it read "Palm takes out drunk driver".

[Patrick]

That just really sucks. Sorry that you have to experience another dumb _ _ _ drunk driver. What is it about San Diego and DUI'S? I know there's a Lot of people down there, but still, come ON!! By bro' is a CHP down there and he says it's EASY to nail someone for a DUI because there everywhere. A friend of his got killed on the 5 while he was on duty just a couple weeks back by a drunk driver. I wish people would figure it out that drinking and driving just doesn't work. :rage:

[epicure3]

I would check, but be surprised if your Aloe can't re-root. Sorry about the loss of your palms and plants. It's going to be an expensive night out for the brainless BMW driver.

[LJG]

VERY difficult to do on Aloe dichotoma.

Here is a shot of the arms of the Aloe dichotoma that were severed at impact and tossed toward my neighbor's yard.

I think you can "root" the broken pieces of the Aloe. To bad about both.

[LJG]

Patrick, Rancho Soledad Nursery in RSF has the replacement for your Aloe.

I once had a 60 year old Aloe dichotoma I got from some old guys yard after he died (his plants were being sold off). Craned it in it was so big. Maybe 15 feet tall. Some members here can vouche. It was a monster! It made it two years and then rotted out. I had no direct watering on it either. Just one winter it rotted and I could not stop it. These things hate water! So I know how you feel losing that plant.

[Palm Guy]

So not cool and sorry about your Jub. Hopefully, you let the idiots know just how long it takes to grow to that size.

[John Case]

Only capital punishment would be adequate for the crime.....

[mjff]

In the last picture keep in mind that those skidmarks are going up a steep hill. I would estimate he was going 70 mph when he started to "fishtail." Well the California Highway Patrol showed up and he tested out at about twice the legal limit for alcohol (around 0.16) which because of my forensic science background and the drivers weight is the equivalent to consuming 10-12 beers in two hours and then climbing in the car. Well he was arrested and his car towed and I was left with the following. First a shot of the Jubaea that was slid over by the vehicle with about a quarter of trunks heft being taken off by the low profile of the car body.

It doesn't look like the above ground portion of the Jubaea suffered much damage, but it appears to have lost many roots. They are ridiculously tough plants, and I wouldn't be surprised if you could get it to root back in if you stand it back up. I would be surprised if it has visible trunk damage 10 years from now. If it was bigger when the car hit it maybe, but at this stage it has a lot of growing to do before it has the trunk you are going to see.

[DoomsDave]

Ouch!

At least no people got hurt, but, well . . .

Gonna shoot you a PM . . .

[Mats]

Patrick, it looks like your uphill neighbor is really embracing the xeriscape look . . .

[Moose]

Patrick - did you ever replace a Jubeae in thee same spot?