Legal Question in Personal Injury in California

It is a matter of simple negligence. If you put the pump in your gas tank (self serve) it is your responsibility to remove and replace the pump. Otherwise you would be responsible for the damages caused as a result of your negligence.

The driver would probably be liable for all damages sustained by all parties. The person who placed the nozzle in the tank would also probably be jointly liable to all parties for damages. The owner of the vehicle would be jointly liable to the service station, and would be entitled to compensation from the driver and nozzle handler for the damages to the window on his car and for reimbursement to any money paid to the service station for its damages.

The service station may be liable to refund the person who paid for the fuel if the vehicle was driven away before all the fuel paid for was pumped.