Utah Code » Title 63G, Chapter 7 — Governmental Immunity Act of Utah; part 63G-7-4 — Notice of Claim Against a Governmental Entity or a Government Employee
Utah Code

Utah Code § 63G-7-403 (2026)

Notifying of the receipt of a notice of claim -- Action in district court -- Time for commencing action -- Commencing action after time limit

✓ current as of May 2026
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Within 60 days after the filing of a notice of claim, the governmental entity, the entity's representative, or the entity's insurance carrier shall inform the claimant in writing:
that the notice of claim has been received; and
if applicable, that the governmental entity believes it is not the correct governmental entity with which the notice of claim should have been filed.
Subject to Subsections (2)(a)(ii) and (b), a claimant may pursue an action in the district court against the governmental entity or an employee of the entity.
A claimant may not file an action before the date that is 60 days after the claimant's notice of claim is filed.
Subject to Subsection (3), a claimant shall commence the action within two years after the claim arises, as provided in Subsection 63G-7-401(2), regardless of whether or not the function giving rise to the claim is characterized as governmental.
As used in this Subsection (3), "claimant" includes a representative of an individual:
who dies before an action is begun under this section; and
whose cause of action survives the individual's death.
A claimant may commence an action after the time limit described in Subsection (2)(b) if:
the claimant had commenced a previous action within the time limit of Subsection (2)(b);
the previous action failed or was dismissed for a reason other than on the merits; and
the claimant commences the new action within one year after the previous action failed or was dismissed.
A claimant may commence a new action under Subsection (3)(b) only once.
Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 2012–2024 · leading case: Monarrez v. Utah Dep't of Transp., 2016 UT 10 (Utah 2016).
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Monarrez v. Utah Dep't of Transp., 2016 UT 10 (Utah 2016). · cites it 17× “We granted certiorari to interpret the relevant portion of the GIA, Utah Code section 63G-7-403, and clarify the effect, or lack thereof, that a denial letter sent after the date a claim is deemed denied has on a claimant’s time to file a lawsuit.”
Craig v. Provo City, 2016 UT 40 (Utah 2016). · cites it 8× “§§ 63G-7-403 & -601; and on the timing requirements for both such filings, see id.”
Monarrez v. Utah Dep't of Transp., 2014 UT App 219 (Utah Ct. App. 2014). · cites it 27× “Utah Code Ann. § 63G-7-403 (LexisNexis 2011).”
McGraw v. Univ. of Utah, 2019 UT App 144 (Utah Ct. App. 2019). · cites it 20× “¶13 The University argues that McGraw did not deliver a valid notice of claim until April 14, 2017, and therefore failed to comply with Utah Code section 63G-7-403 when she instituted her action by filing her complaint in district court on April 25, 2017, well before the…”
Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). · cites it 12× “§ 63G-7-403(1)(a) (emphasis added). The need for recourse to subsection (1)(b), which provides that the claim will be deemed denied if the government or its insurer "has failed to approve or deny the claim" within 60 days, id.”
Pinder v. Duchesne, 2020 UT 68 (Utah 2020). · cites it 2× “§ 63G-7-403. Thus, when a basis for attorney fees arises during the action itself, the request for attorney fees is not a claim, and the UGIA‘s notice-of-claim provisions do not apply.”
Vittoria v. Provo City, 2024 UT App 99 (Utah Ct. App. 2024). · cites it 10× “CONCLUSION ¶17 For the foregoing reasons, section 63G-7-403(2) of the GIAU occupies the field, and section 78B-2-303 does not apply to Vittoria’s claim.”
Pead v. Ephraim City, 2020 UT App 113 (Utah Ct. App. 2020). · cites it 18× “Ephraim City ¶28 Second, we are not persuaded by Pead’s argument that Utah Code section 68-3-7 cannot be applied to section 63G-7-403 to compute the notice of claim period.”
Muir v. Wasatch Front Waste & Recycling, 2024 UT App 48 (Utah Ct. App. 2024). · cites it 6× “P 12(b)(6), because the suit was commenced after the two-year statute of limitations specified by the GIA had expired, see Utah Code Ann. § 63G-7-403(2)(b) (LexisNexis Supp.”
Winegar v. Springville City, 319 P.3d 1 (Utah Ct. App. 2014). · cites it 8× “r," which was attached with no affidavit and no explanation of who URMMA was-"A claims adjusting company? An agent of Spring-ville's insurer? Springville's insurer itself?" Thus, the Winegars argued that even if the letter amounted to a denial of their claim, the City had failed…”
Craig v. Provo City, 2015 UT App 145 (Utah Ct. App. 2015). “§ 63G-7-403(2)(a), (b). Furthermore, although the UGIA does not contain its own savings provision, the Savings Statute, contained in Title 78B, provides one chance to bring a second action if the initial action is dismissed for any reason other than on the merits after the…”
Myers v. Utah Transit Auth., 2014 UT App 294 (Utah Ct. App. 2014). · cites it 3× “§ 63G-7-403 (LexisNexis 2008). If the entity does not approve or deny the claim within the sixty-day period, the claim is deemed denied.”
Show all 17 citing cases →
— Utah Code § 63G-7-403(1) — 4 cases
Monarrez v. Utah Dep't of Transp., 2016 UT 10 (Utah 2016). “We granted certiorari to interpret the relevant portion of the GIA, Utah Code section 63G-7-403, and clarify the effect, or lack thereof, that a denial letter sent after the date a claim is deemed denied has on a claimant’s time to file a lawsuit.”
Monarrez v. Utah Dep't of Transp., 2014 UT App 219 (Utah Ct. App. 2014). “Utah Code Ann. § 63G-7-403 (LexisNexis 2011).”
Pead v. Ephraim City, 2020 UT App 113 (Utah Ct. App. 2020). “Ephraim City ¶28 Second, we are not persuaded by Pead’s argument that Utah Code section 68-3-7 cannot be applied to section 63G-7-403 to compute the notice of claim period.”
Winegar v. Springville City, 319 P.3d 1 (Utah Ct. App. 2014). “r," which was attached with no affidavit and no explanation of who URMMA was-"A claims adjusting company? An agent of Spring-ville's insurer? Springville's insurer itself?" Thus, the Winegars argued that even if the letter amounted to a denial of their claim, the City had failed…”
— Utah Code § 63G-7-403(1)(a) — 6 cases
Monarrez v. Utah Dep't of Transp., 2014 UT App 219 (Utah Ct. App. 2014). “Utah Code Ann. § 63G-7-403 (LexisNexis 2011).”
Monarrez v. Utah Dep't of Transp., 2016 UT 10 (Utah 2016). “We granted certiorari to interpret the relevant portion of the GIA, Utah Code section 63G-7-403, and clarify the effect, or lack thereof, that a denial letter sent after the date a claim is deemed denied has on a claimant’s time to file a lawsuit.”
McGraw v. Univ. of Utah, 2019 UT App 144 (Utah Ct. App. 2019). “¶13 The University argues that McGraw did not deliver a valid notice of claim until April 14, 2017, and therefore failed to comply with Utah Code section 63G-7-403 when she instituted her action by filing her complaint in district court on April 25, 2017, well before the…”
Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). “§ 63G-7-403(1)(a) (emphasis added). The need for recourse to subsection (1)(b), which provides that the claim will be deemed denied if the government or its insurer "has failed to approve or deny the claim" within 60 days, id.”
Pead v. Ephraim City, 2020 UT App 113 (Utah Ct. App. 2020). “Ephraim City ¶28 Second, we are not persuaded by Pead’s argument that Utah Code section 68-3-7 cannot be applied to section 63G-7-403 to compute the notice of claim period.”
— Utah Code § 63G-7-403(1)(b) — 6 cases
Monarrez v. Utah Dep't of Transp., 2016 UT 10 (Utah 2016). “We granted certiorari to interpret the relevant portion of the GIA, Utah Code section 63G-7-403, and clarify the effect, or lack thereof, that a denial letter sent after the date a claim is deemed denied has on a claimant’s time to file a lawsuit.”
Monarrez v. Utah Dep't of Transp., 2014 UT App 219 (Utah Ct. App. 2014). “Utah Code Ann. § 63G-7-403 (LexisNexis 2011).”
Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). “§ 63G-7-403(1)(a) (emphasis added). The need for recourse to subsection (1)(b), which provides that the claim will be deemed denied if the government or its insurer "has failed to approve or deny the claim" within 60 days, id.”
Winegar v. Springville City, 319 P.3d 1 (Utah Ct. App. 2014). “r," which was attached with no affidavit and no explanation of who URMMA was-"A claims adjusting company? An agent of Spring-ville's insurer? Springville's insurer itself?" Thus, the Winegars argued that even if the letter amounted to a denial of their claim, the City had failed…”
Pead v. Ephraim City, 2020 UT App 113 (Utah Ct. App. 2020). “Ephraim City ¶28 Second, we are not persuaded by Pead’s argument that Utah Code section 68-3-7 cannot be applied to section 63G-7-403 to compute the notice of claim period.”
— Utah Code § 63G-7-403(2) — 7 cases
Craig v. Provo City, 2016 UT 40 (Utah 2016). “§§ 63G-7-403 & -601; and on the timing requirements for both such filings, see id.”
McGraw v. Univ. of Utah, 2019 UT App 144 (Utah Ct. App. 2019). “¶13 The University argues that McGraw did not deliver a valid notice of claim until April 14, 2017, and therefore failed to comply with Utah Code section 63G-7-403 when she instituted her action by filing her complaint in district court on April 25, 2017, well before the…”
Pinder v. Duchesne, 2020 UT 68 (Utah 2020). “§ 63G-7-403. Thus, when a basis for attorney fees arises during the action itself, the request for attorney fees is not a claim, and the UGIA‘s notice-of-claim provisions do not apply.”
Vittoria v. Provo City, 2024 UT App 99 (Utah Ct. App. 2024). “CONCLUSION ¶17 For the foregoing reasons, section 63G-7-403(2) of the GIAU occupies the field, and section 78B-2-303 does not apply to Vittoria’s claim.”
Winegar v. Springville City, 319 P.3d 1 (Utah Ct. App. 2014). “r," which was attached with no affidavit and no explanation of who URMMA was-"A claims adjusting company? An agent of Spring-ville's insurer? Springville's insurer itself?" Thus, the Winegars argued that even if the letter amounted to a denial of their claim, the City had failed…”
— Utah Code § 63G-7-403(2)(a) — 6 cases
McGraw v. Univ. of Utah, 2019 UT App 144 (Utah Ct. App. 2019). “¶13 The University argues that McGraw did not deliver a valid notice of claim until April 14, 2017, and therefore failed to comply with Utah Code section 63G-7-403 when she instituted her action by filing her complaint in district court on April 25, 2017, well before the…”
Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). “§ 63G-7-403(1)(a) (emphasis added). The need for recourse to subsection (1)(b), which provides that the claim will be deemed denied if the government or its insurer "has failed to approve or deny the claim" within 60 days, id.”
Monarrez v. Utah Dep't of Transp., 2014 UT App 219 (Utah Ct. App. 2014). “Utah Code Ann. § 63G-7-403 (LexisNexis 2011).”
Vittoria v. Provo City, 2024 UT App 99 (Utah Ct. App. 2024). “CONCLUSION ¶17 For the foregoing reasons, section 63G-7-403(2) of the GIAU occupies the field, and section 78B-2-303 does not apply to Vittoria’s claim.”
Craig v. Provo City, 2015 UT App 145 (Utah Ct. App. 2015). “§ 63G-7-403(2)(a), (b). Furthermore, although the UGIA does not contain its own savings provision, the Savings Statute, contained in Title 78B, provides one chance to bring a second action if the initial action is dismissed for any reason other than on the merits after the…”
— Utah Code § 63G-7-403(2)(b) — 7 cases
Monarrez v. Utah Dep't of Transp., 2014 UT App 219 (Utah Ct. App. 2014). “Utah Code Ann. § 63G-7-403 (LexisNexis 2011).”
Monarrez v. Utah Dep't of Transp., 2016 UT 10 (Utah 2016). “We granted certiorari to interpret the relevant portion of the GIA, Utah Code section 63G-7-403, and clarify the effect, or lack thereof, that a denial letter sent after the date a claim is deemed denied has on a claimant’s time to file a lawsuit.”
Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). “§ 63G-7-403(1)(a) (emphasis added). The need for recourse to subsection (1)(b), which provides that the claim will be deemed denied if the government or its insurer "has failed to approve or deny the claim" within 60 days, id.”
Muir v. Wasatch Front Waste & Recycling, 2024 UT App 48 (Utah Ct. App. 2024). “P 12(b)(6), because the suit was commenced after the two-year statute of limitations specified by the GIA had expired, see Utah Code Ann. § 63G-7-403(2)(b) (LexisNexis Supp.”
Vittoria v. Provo City, 2024 UT App 99 (Utah Ct. App. 2024). “CONCLUSION ¶17 For the foregoing reasons, section 63G-7-403(2) of the GIAU occupies the field, and section 78B-2-303 does not apply to Vittoria’s claim.”
— Utah Code § 63G-7-403(3)(b) — 1 case
Vittoria v. Provo City, 2024 UT App 99 (Utah Ct. App. 2024). “CONCLUSION ¶17 For the foregoing reasons, section 63G-7-403(2) of the GIAU occupies the field, and section 78B-2-303 does not apply to Vittoria’s claim.”
— Utah Code § 63G-7-403(a)(a) — 1 case
McGraw v. Univ. of Utah, 2019 UT App 144 (Utah Ct. App. 2019). “¶13 The University argues that McGraw did not deliver a valid notice of claim until April 14, 2017, and therefore failed to comply with Utah Code section 63G-7-403 when she instituted her action by filing her complaint in district court on April 25, 2017, well before the…”
— Utah Code § 63G-7-403(l)(a) — 1 case
Monarrez v. Utah Dep't of Transp., 2016 UT 10 (Utah 2016). “We granted certiorari to interpret the relevant portion of the GIA, Utah Code section 63G-7-403, and clarify the effect, or lack thereof, that a denial letter sent after the date a claim is deemed denied has on a claimant’s time to file a lawsuit.”
— Utah Code § 63G-7-403(l)(b) — 1 case
Monarrez v. Utah Dep't of Transp., 2016 UT 10 (Utah 2016). “We granted certiorari to interpret the relevant portion of the GIA, Utah Code section 63G-7-403, and clarify the effect, or lack thereof, that a denial letter sent after the date a claim is deemed denied has on a claimant’s time to file a lawsuit.”
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