If you were struck by a driver while getting into your car in a supermarket car park, you may be entitled to compensation. This guide explains liability, evidence, time limits, and typical compensation for a broken shoulder and head injury — and how National Claims can help you start today on a No Win, No Fee basis.
If a driver failed to take reasonable care in a car park and hit you as you were entering your vehicle, you can usually bring a pedestrian injury claim. Most adults have 3 years from the accident date to start court proceedings. Get medical attention immediately and speak to National Claims to preserve CCTV and witness evidence.
Most supermarket car park collisions involve driver negligence, such as failing to observe pedestrians or edging forward without adequate visibility. If you suffered a broken shoulder and head injury, you can claim general damages (pain and suffering) and special damages (lost earnings, medical/rehab, travel, care). The 3-year time limit generally applies to adults, with exceptions for children and those lacking capacity.
What counts as negligence in a supermarket car park?
Car parks are busy, low-speed environments where drivers must anticipate pedestrians moving between vehicles. The Highway Code requires drivers to allow pedestrians time and to take extra care where views are blocked by parked vehicles. In practice, that means no creeping forward, no revving, and checking blind spots carefully before moving.
Pedestrians also have duties (e.g., avoid stepping out between parked cars when unsafe), but drivers carry the heavier responsibility because they’re in control of a potentially dangerous vehicle. In many Asda or supermarket car park cases, fault lies with the motorist who failed to observe properly or drove too close to pedestrians.
Do I have a claim if I was entering my vehicle?
Usually, yes, if the driver’s lack of care caused the collision. Typical fault scenarios include:
- Pulling out of a bay without checking mirrors and blind spots.
- Driving too fast for a car park.
- Edging forward while looking for spaces rather than ahead.
- Distraction (phone, satnav, in-car screens).
These are classic indicators of negligence in enclosed car parks. The Highway Code’s guidance for drivers around pedestrians supports claims like yours.
Time limits: How long do I have?
For most adults, you have three years from the accident date (or from when you first knew the injury was linked to the accident) to issue court proceedings. For children, the three-year clock starts on their 18th birthday. If the injured person lacks mental capacity, time limits may be paused. Act early — requesting CCTV from the supermarket or surrounding cameras is time-sensitive.
First steps after an Asda car park collision
- Get medical help immediately — especially for head injuries (watch for worsening headache, confusion, vomiting, drowsiness). Follow NHS concussion guidance and return for urgent care if symptoms escalate.
- Report the incident to the supermarket and ask for an incident log number.
- Preserve evidence quickly:
- Request CCTV from the store (time-limited retention).
- Take photos of bay markings, sight lines, impact points, and any signage.
- Record the driver’s details and number plate.
- Get witness names and contact details.
- Keep receipts for medication, taxis, parking, physio, and proof of lost income.
- Contact National Claims — we’ll gather evidence, contact witnesses, request CCTV/ANPR where appropriate, and build your case for maximum recovery.
What can I claim for?
- General damages for pain, suffering, and loss of amenity (PSLA).
- Special damages for financial losses, including:
- Loss of earnings and future loss of earning capacity.
- Medical treatment (fracture clinic, neurologist, vestibular rehab), physiotherapy, counselling.
- Care and assistance (even unpaid help from family).
- Travel and parking for appointments.
- Aids/adaptations if needed during recovery.
How much compensation for a broken shoulder and head injury?
Compensation depends on severity, recovery time, complications (like instability or nerve damage), and any lasting cognitive or vestibular symptoms from the head injury.
Indicative brackets (Judicial College Guidelines, 16th ed., plus typical practice):
| Injury | Typical bracket for PSLA* | Factors that move you up/down |
|---|---|---|
| Shoulder – Fracture/Dislocation (Moderate) | £7,000 – £20,000 | Healed fracture/dislocation but ongoing pain, movement restriction, sleep disturbance |
| Shoulder – Severe | £20,000 – £60,000+ | Brachial plexus involvement, rotator cuff tears with surgery, significant disability |
| Head Injury – Minor to Moderate | £2,500 – £90,000+ | Concussion vs. structural injury, post-concussive syndrome, headaches, dizziness, cognitive changes |
| Head Injury – More Serious | £90,000 – £220,000+ | Persistent cognitive/behavioural deficits, risk of epilepsy, need for long-term support |
*Figures are general damages only (pain and suffering). Your special damages (lost earnings, treatment, care) are added on top, often making a significant difference.
Research and recent official statistics show pedestrian injuries remain a serious public safety issue. In 2023, Great Britain recorded 6,067 seriously injured pedestrians and 405 fatalities, underscoring the importance of driver vigilance in car parks and shared spaces.
Evidence that wins car park pedestrian claims
- CCTV/ANPR footage from the supermarket and neighbouring units.
- Witness statements from shoppers, staff, security.
- Scene photography: bay angles, obstructions, signage, trolley bays, lighting.
- Medical evidence: A&E/GP notes, orthopaedic and neurological assessments, imaging.
- Symptom diary: pain levels, sleep, headaches, dizziness, cognitive fog, noise/light sensitivity.
- Expense proofs: payslips for lost earnings, mileage, medication, physio, and care.
Tip: Ask National Claims to send an urgent preservation letter for CCTV — many systems overwrite within days.
Medical guidance for head injuries (why prompt care matters)
NHS advice emphasises red-flag symptoms after a head injury, including worsening headache, repeated vomiting, confusion, slurred speech, seizures, or unusual drowsiness. If these occur, seek urgent care. Even “mild” concussions can cause two weeks or more of symptoms, so record your recovery and follow staged return-to-work advice.
Will the driver’s speed or visibility be relevant?
Yes. The Highway Code says drivers should take extra care where views are blocked by parked cars and must allow pedestrians plenty of time to move. In car parks, that often means slow manoeuvring speeds and stopping if a pedestrian is entering or exiting a vehicle. These rules strongly support pedestrian claims where a driver moved without proper observation.
How National Claims progresses your case
- Free case review — we assess liability, injuries, and early rehab needs.
- Evidence plan — CCTV/witness preservation, medical records, expert appointments.
- Rehabilitation first — rapid referrals to physio, shoulder specialists, and concussion clinics where appropriate.
- Negotiation for maximum settlement — we quantify both general and special damages using the Judicial College Guidelines and hard proof of your financial loss.
- No Win, No Fee — simple, transparent funding.
Experts recommend acting quickly: early reporting and medical documentation can increase claim value and reduce disputes over causation and recovery times.
Frequently asked questions
1. Do I still have a claim if I didn’t see the car coming?
Usually yes. Drivers must anticipate pedestrians in car parks and move only when safe. Poor observation commonly establishes negligence.
2. What if I partly stepped into the lane between bays?
You can still recover compensation. Fault can be shared (contributory negligence), but partial responsibility simply reduces the award rather than eliminating it.
3. Can I claim if I didn’t go to hospital on the day?
Yes — but see a clinician promptly and follow NHS head injury advice. Delay can harm both your health and your case.
4. Are there official stats that support pedestrian risk?
Yes. Government data shows thousands of pedestrian serious injuries annually in Great Britain, with recent reports highlighting increases in pedestrian fatalities.
Your next steps (and how we help)
- Get checked for shoulder fractures/dislocations and concussion.
- Contact National Claims to:
- Secure time-sensitive CCTV and witness details.
- Arrange appropriate medical assessments.
- Value your claim using Judicial College Guidelines plus your financial losses.
- Handle all the paperwork while you focus on recovery.
Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
Useful resources (authoritative external links)
- Highway Code – duties around pedestrians and limited visibility. GOV.UK
- Limitation Act 1980 (s.11) – general 3-year time limit for personal injury. Legislation.gov.uk
- NHS – head injury & concussion symptoms and aftercare. nhs.uk+1
- DfT – pedestrian casualty factsheet 2023 (official statistics). GOV.UK
Why choose National Claims?
- Topical expertise in pedestrian injury, shoulder fractures, and head injury claims.
- Evidence-led approach that aligns with official guidance and statistics.
- Clear fees, No Win, No Fee, and proactive rehabilitation support.
Don’t wait while your claim window closes. Speak with National Claims today. We’ll connect you with experienced solicitors who understand your case and fight for the maximum compensation you deserve.
About National Claims
This article was written by the National Claims content team. Our specialists have years of experience helping people across the UK with personal injury, road traffic accident, and housing disrepair claims. We work alongside regulated solicitors to ensure our information is accurate, up-to-date, and genuinely useful for anyone seeking to understand their rights after an accident.
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