Section 63G-7-403 - Notifying of the receipt of a notice of claim - Action in district court - Time for commencing action - Commencing action after time limit(1) 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: (a) that the notice of claim has been received; and(b) if applicable, that the governmental entity believes it is not the correct governmental entity with which the notice of claim should have been filed.(2)(a)(i) 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.(ii) A claimant may not file an action before the date that is 60 days after the claimant's notice of claim is filed.(b) Subject to Subsection (3), a claimant shall commence the action within two years after the claim arises, as provided in Subsection 63G-7-401(1), regardless of whether or not the function giving rise to the claim is characterized as governmental.(3)(a) As used in this Subsection (3), "claimant" includes a representative of an individual: (i) who dies before an action is begun under this section; and(ii) whose cause of action survives the individual's death.(b) A claimant may commence an action after the time limit described in Subsection (2)(b) if: (i) the claimant had commenced a previous action within the time limit of Subsection (2)(b);(ii) the previous action failed or was dismissed for a reason other than on the merits; and(iii) the claimant commences the new action within one year after the previous action failed or was dismissed.(c) A claimant may commence a new action under Subsection (3)(b) only once.Amended by Chapter 53, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 229, 2019 General Session ,§ 4, eff. 5/14/2019.Amended by Chapter 300, 2017 General Session ,§ 4, eff. 5/9/2017.Renumbered and Amended by Chapter 382, 2008 General Session.