Idaho Notice of Tort Claim

Introduction

Key Things to Know

1. 1

   The deadline is strict. No claim or action is allowed against a governmental entity or its employee unless the claim was presented and filed within the act's time limits (Idaho Code 6-908). Reading the current statute or contacting the entity's clerk or risk management office confirms the rule for your claim.

2. 2

   State track: a claim against the State or its employee is presented to and filed with the Idaho Secretary of State within 180 days from the date the claim arose or reasonably should have been discovered, whichever is later (6-905).

3. 3

   Local track: a claim against a city, county or other political subdivision or its employee is presented to and filed with the clerk or secretary of that political subdivision within 180 days from the date the claim arose or reasonably should have been discovered, whichever is later (6-906).

4. 4

   The claim describes the conduct and circumstances that brought about the injury or damage, the injury or damage itself, the time and place it occurred, the names of all persons involved if known, and the amount of damages claimed. It also states the claimant's actual residence when filing and for the 6 months before the claim arose (6-907).

5. 5

   For State claims, the Department of Administration points claimants to the Secretary of State's online tort claim form or its State Agency Tort Claim Form. A Public Health District Tort Claim Form is also offered. Ask the office that receives the claim which form it uses.

6. 6

   The entity has 90 days after filing to approve or deny the claim in writing. If it does neither, the claim is deemed denied (6-909), and suit may be brought on a denied claim (6-910). The action must be begun within 2 years after the claim arose or reasonably should have been discovered, whichever is later (6-911).

7. 7

   For a minor or a claimant incapacitated from filing within the time allowed, any relative, attorney or agent may present and file the claim (6-907). Do not assume the 180 days are paused; have someone file for the claimant on time.

Idaho Requirements for Notice of Claim

• 180-Day State Claim Filing

  Idaho Code 6-905: a claim against the State is presented to and filed with the Secretary of State within 180 days from when it arose or reasonably should have been discovered, whichever is later.

• 180-Day Local Claim Filing

  Idaho Code 6-906: a claim against a political subdivision is presented to and filed with its clerk or secretary within 180 days from when it arose or reasonably should have been discovered, whichever is later.

• Untimely Claims Barred

  Idaho Code 6-908: no claim or action is allowed unless the claim was presented and filed within the act's time limits.

• 90-Day Deemed Denial

  Idaho Code 6-909: the entity approves or denies the claim in writing within 90 days, or the claim is deemed denied. Suit may be brought on a denied claim (6-910).

• Two-Year Suit Deadline

  Idaho Code 6-911: the action must be begun within 2 years after the claim arose or reasonably should have been discovered, whichever is later.

• Damages Cap

  Idaho Code 6-926(1): $500,000 combined aggregate per occurrence, including costs and attorney's fees, unless the entity carries higher liability insurance. 6-918: no punitive damages.

• Required Claim Contents

  Describe the conduct and circumstances, the injury or damage, the time and place, the names of all persons involved if known, and the amount of damages claimed.

• Claimant Residence

  State the claimant's actual residence at the time of filing and for the 6 months before the claim arose.