Contents of claims — Filing by agent or attorney — Effect of inaccuracies.
All claims presented to and filed with a governmental entity shall accurately describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and filing the claim and for a period of six (6) months immediately prior to the time the claim arose. If the claimant is incapacitated from presenting and filing his claim within the time prescribed or if the claimant is a minor or if the claimant is a nonresident of the state and is absent during the time within which his claim is required to be filed, the claim may be presented and filed on behalf of the claimant by any relative, attorney or agent representing the claimant. A claim filed under the provisions of this section shall not be held invalid or insufficient by reason of an inaccuracy in stating the time, place, nature or cause of the claim, or otherwise, unless it is shown that the governmental entity was in fact misled to its injury thereby.
Notes of Decisions
Wickstrom v. North Idaho Coll., 725 P.2d 155 (Idaho 1986).
· cites it 16× “The trial court further held that the Idaho Tort Claims Act applied and that its notice provision (I.C. § 6-907) had not been complied with.”
Doe v. Durtschi, 716 P.2d 1238 (Idaho 1986).
· cites it 8× “The provision in I.C. § 6-907 that the minor's claim " may be presented and filed on behalf of the claimant by any relative, attorney, or agent representing the claimant" (emphasis added) does not diminish the harshness of the consequences.”
Mitchell v. Bingham Mem'l Hosp., 942 P.2d 544 (Idaho 1997).
· cites it 12× “Neither The Phone Calls On January 8 And 13, 1993, Nor The Documentation Submitted By The Mitchell's Attorney To The Hospital On January 20, 1993, Constitute Notice Of A Tort Claim Under I.C. § 6-907. A "claim" under the ITCA is defined as "[a]ny written demand to recover money…”
Friel v. Boise City Hous. Auth., 887 P.2d 29 (Idaho 1994).
· cites it 8× “All such claims must “accurately describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the…”
Stevens v. Fleming, 777 P.2d 1196 (Idaho 1989).
· cites it 16× “Idaho Code § 6-907 (1979) sets forth the requisite contents of claims filed with governmental agencies.”
Smith v. City of Preston, 586 P.2d 1062 (Idaho 1978).
· cites it 12× “” I.C. § 6-907. At the time summary judgment was entered, there was nothing in the record to suggest that the city was “misled to its injury” by any deficiencies in the contents of the letter.”
Indep. Sch. Dist. of Boise City v. Callister, 539 P.2d 987 (Idaho 1975).
· cites it 20× “Such is not the case with the Idaho Tort Claims Act which provides in pertinent part in I.C. § 6-907: "* * * If the claimant is incapacitated from presenting and filing his claim within the time prescribed or if the claimant is a minor * * * the claim may be presented and filed…”
Ware v. City of Kendrick, 487 P.3d 730 (Idaho 2021).
· cites it 8× “I.C. § 6-907. Inaccuracies in a timely claim will not invalidate its timeliness unless the governmental entity was prejudiced by the inaccuracies.”
Ralphs v. City of Spirit Lake, 560 P.2d 1315 (Idaho 1977).
· cites it 6× “Where the statutory requirement of a claim for a personal injury under this act is that there be set forth "the conduct and circumstances which brought about the injury" and a description of "the injury," I.C. § 6-907, it necessarily follows that no personal injury claim arises…”
Pounds v. Denison, 816 P.2d 982 (Idaho 1991).
· cites it 8× “Looking at the requirements of I.C. § 6-907, relating to "contents of claims" and comparing the same to the accident report form and other documents, the district had actual written notice of "the conduct and circumstances which brought about the injury or damage," "the injury…”
Huff v. Uhl, 647 P.2d 730 (Idaho 1982).
· cites it 6× “§ 6-902(7) because the writing itself did not contain a statement of demand upon M.”
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