Tort Claims

The Idaho Tort Claims Act (ITCA) (Idaho Code Title 6, Chapter 9) addresses the State of Idaho’s liability including obligations for employee defense, liability exceptions, time and manner of filing claims, claims content, time for allowance or denial of claims, denied claims recourse of suit, limitation of actions, summons and complaint services, and liability limits. The Risk Management Program provides liability coverage to state agencies and public health districts. New incidents or potential claims must be reported to riskclaims@adm.idaho.gov. Every state agency must understand ITCA and be prepared to provide reporting information to anyone who requests it.

Filing a Tort Claim Against a State Agency

Tort claims against a state agency must be filed with the Secretary of State. Tort claims can be filed on the Secretary of State’s website or using this form.

Any person wanting to file a tort claim against a state agency must refer to the ITCA for comprehensive instructions. Generic instructions are provided as a courtesy, but they do not provide comprehensive tort claim filing information or waive any Idaho Code provisions. 

Filing a Tort Claim Against a Public Health District

Tort claims against public health districts must be filed through the public health district. Refer to the Health & Welfare Department’s website for a list of public health district addresses. Tort claims can be filed using this form.

Any person wanting to file a tort claim against a public health district must refer to the ITCA for comprehensive instructions. Generic instructions are provided as a courtesy, but they do not provide comprehensive tort claim filing information or waive any Idaho Code provisions.