How to File a Notice of Claim Against a Utah Government Entity (One-Year Deadline)
General information, not legal advice. Read the full disclaimer.
Short answer: Before you can sue a Utah governmental entity or one of its employees, you must file a written notice of claim — and under Utah Code § 63G-7-402 your claim is barred unless you file it within one year after the claim arises. The notice must be signed and must include a brief statement of the facts, the nature of the claim, and the damages incurred so far as known (plus the employee's name if you're pursuing an employee individually). It must be sent to the office or agent the statute designates — for a city, the city clerk; for a county, the county clerk; for a school district, the superintendent or business administrator; for the state, the attorney general — or the agent the entity has designated to receive claims.
Who this guide is for
Anyone with an injury claim against a city, county, school district, special district, state agency, or other public body — a pothole crash, a government vehicle collision, a fall on public property — who needs to protect the claim before it is lost on a technicality.
When the one-year clock starts
A claim arises when the statute of limitations that would apply against a private person begins to run (§ 63G-7-401(2)). The clock doesn't start until you knew, or with reasonable diligence should have known, that you had a claim against the governmental entity or employee and who the entity or employee was. The burden of proving reasonable diligence is yours. Don't count on that delayed start; treat the injury date as your deadline and file early.
What the notice must say
Your written notice must set out (§ 63G-7-401(4)):
- A brief statement of the facts;
- The nature of the claim asserted;
- The damages incurred so far as they're known; and
- If you're pursuing a governmental employee individually under the Act's limited exceptions, the employee's name.
It must be signed by you or your agent, attorney, parent, or legal guardian.
Where to send it
The statute names the recipient for each type of entity:
| Entity | Send notice to |
|---|---|
| Incorporated city or town | City or town clerk |
| County | County clerk |
| School district or board of education | Superintendent or business administrator of the board |
| Special district or special service district | Presiding officer, secretary, or clerk of the board |
| The state | The attorney general |
| Any other public board, commission, or body | A member of the governing board, the executive director, or the executive secretary |
| Any entity | The agent the entity has designated to receive notices of claim |
Every governmental entity subject to the Act must file a statement with the Division of Corporations and Commercial Code naming its designated office or agent, the physical address for hand delivery or mail, and an email address for emailed notices, and the Division keeps a public index by entity name and by county. If a government entity failed to file or update that statement and it had actual notice of your claim, it can't challenge your notice on the ground that it went to the wrong office.
How to deliver it
A notice can be:
- delivered by hand to the entity's designated physical address;
- mailed to that address (following the statute's mail rules); or
- sent by email to the designated address — in which case you must also email a copy to the entity's attorney (city attorney, district attorney, county attorney, attorney general, or other attorney).
Keep proof of delivery: a signed receipt, certified-mail receipt, or email confirmation.
What happens after you file
- Within 60 days, the entity (or its insurance carrier) must tell you in writing that it received the notice, and whether it believes it isn't the right entity (§ 63G-7-403(1)).
- You can't file a lawsuit until 60 days after the notice is filed.
- You must start the lawsuit within two years after the claim arises.
- If an action you filed on time is dismissed for a reason other than the merits, you can refile once within one year after it fails.
Minors and incapacitated claimants
If a person under the age of majority or mentally incompetent is injured, the governmental entity may ask the court to appoint a guardian ad litem; if one is appointed, the one-year notice period starts on the date of the order appointing the guardian ad litem (§ 63G-7-401(5)).
Common mistakes
- Missing the one-year deadline. It is a hard bar.
- Sending notice to the wrong office. Check the entity's designated agent.
- Leaving out required content — facts, claim type, and known damages.
- Not signing the notice.
- Assuming insurance adjusters' contact satisfies the notice rule. It doesn't.
Frequently asked questions
Can I mail a notice of claim to a Utah city?
Yes, mailed to the physical address the entity designated, following the statute's mail rules, or hand-delivered or emailed to the designated addresses.
Does a notice of claim start a lawsuit?
No. It's a required first step. You must wait at least 60 days to file suit and must sue within two years.
What if I didn't know a government vehicle was involved until later?
The statute delays the start of the clock until you knew or should have known you had a claim and who the entity was, but you bear the burden of proving reasonable diligence.
Do I need a lawyer to file a notice?
Not required, but mistakes can end a claim, so many people consult an attorney first. See Utah Governmental Immunity Act Claims.