Official Government Website

Tort Claim Filing

Idaho Capitol
Photo: Idaho Capitol Commission

The Idaho Tort Claims Act (ITCA), Title 6-Chapter 9 Tort Claims Against Governmental Entities addresses liability of the state including obligations for defense of employees, exceptions to liability, time and manner of filing claims, content of claims, time for allowance or denial of claims, recourse of suit for denied claims, limitation of actions, service of summons and complaint, and limits of liability.  All agency reports of new incidents or potential claims should be directed to the Technical Records Specialist for initial file creation. For reporting instructions or questions, contact us at riskmanagement@adm.idaho.gov or (208) 332-1869.  Every agency of the state should be aware of ITCA and be prepared to give filing information to anyone who requests the information.

Filing a Tort Claim

Any person wishing to file a claim against a state agency must refer to the ITCA statutes for complete information.  A specific form is not required to file a claim.  An abbreviated generic instruction sheet and an optional form are provided as a courtesy, but they do not provide detailed information or waive any provisions of statute.  A tort claim may also be filed against a state agency using the link below to the Secretary of State’s website.

Filing a Tort Claim (Public Health Districts)

Risk Management also provides liability coverage to Idaho Public Health Districts. Any person wishing to file a claim against a Public Health District must refer to the ITCA statutes for complete information. Claims against Public Health Districts are filed through the Health District. A specific form is not required to file a claim. An abbreviated generic instruction sheet and an optional form are provided as a courtesy, but they do not provide detailed information or waive any provisions of statute.

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