When the Crop Duster's Spray Lands on Your Car

Drive the valley in spring and summer and you will see it: a small plane making low passes over an orchard, or a ground rig misting a vineyard right up to the edge of the road. Most of the time the spray stays where it belongs. Now and then the wind carries it across the road, onto passing cars, onto cars parked at the field edge, and onto people.

Health first

If you smell chemicals, see mist settling on the car, or start to feel unwell, get away from the area, upwind if you can. Close the windows and set the ventilation to recirculate. Avoid touching residue, and wash exposed skin. For serious symptoms, call 911 or get medical care promptly, and tell the medical staff you may have been exposed to a pesticide. The car can wait.

What the law requires of the applicator

Food and Agricultural Code section 12972 is a single sentence: any use of a pesticide must be made in a way that prevents substantial drift to nontarget areas. Section 12973 adds that a pesticide may not be used in conflict with its registered label or with any conditions of the permit issued for it. For licensed pest control businesses, section 11791 makes it unlawful to operate in a faulty, careless or negligent manner.

Enforcement is local. Under section 12999.5, the county agricultural commissioner may levy civil penalties for violations of the drift rules and related provisions, instead of the matter going to the state for civil prosecution. That is why the commissioner's office is the place to report it.

Keep the two tracks separate in your mind. The commissioner's job is enforcement: investigating what happened and penalizing violations. It does not repair or pay for your car. Getting the damage paid is a separate claim, although a commissioner's findings can make that claim much easier to support.

Documenting and reporting it

1. Note the details right away: date, time, the field or road location, whether it was an aircraft or a ground rig, any company name or markings, and the wind direction.
2. Photograph and film the residue on the car before washing it, with close-ups of paint and glass and a wide shot showing the field.
3. Report it promptly to the county agricultural commissioner for the county where it happened, and keep any case or complaint number.
4. Get a body shop's opinion on cleaning, since some residues can mark paint and glass if they sit too long.

Getting the car fixed and paid for

There are two usual routes. If the applicator can be identified, damage they caused may be claimed against them or their liability insurance, and a commissioner's report helps establish what happened. Alternatively, you can claim under your own comprehensive coverage if you carry it, pay your deductible, and let your insurer seek reimbursement from the applicator. How a drift claim is classified varies by insurance company, so check your policy. Liability-only coverage pays nothing toward your own car.

Be wary of settling quickly on the spot. Until the car has been properly inspected, you may not know whether the residue has damaged paint, trim or glass.

If you live or park beside fields

Farmworkers and rural residents park beside treated fields every day. If you are often near applications, cover the car or park it away from the field edge on spray days when you know about them, and keep comprehensive coverage in mind. You can check what your policy would do in a couple of minutes.