CHAPTER 21. RAILROAD FREIGHT RATES.LIMITATION OF ACTIONS
IC 8-2-21
Chapter 21. Railroad Freight Rates.Limitation of Actions
IC 8-2-21-1
Limitation of actions
Sec. 1. (a) All actions at law by carriers for recovery of their
charges or any part thereof must begin within three (3) years from the
time the cause of action accrues and not after.
(b) For recovery of overcharges, actions at law must begin, or
complaint must be filed with the Indiana department of
transportation, against carriers subject to this chapter within three (3)
years from the time the cause of action accrues and not after, subject
to subsection (c), except that if claim for the overcharge is presented
in writing to the carrier within the three (3) year period of limitation,
the period shall be extended to include six (6) months from the time
notice in writing is given by the carrier to the claimant of
disallowance of the claim or any part or parts thereof specified in the
notice.
(c) If on or before the expiration of the three (3) year period of
limitation in subsection (a) or (b), a carrier subject to this chapter
begins action under subsection (a) for recovery of charges in respect
of the same transportation service, or without beginning action,
collects charges in respect of that service, the period of limitation
shall be extended to include ninety (90) days from the time such
action is begun or charges are collected by the carrier.
(d) The cause of action in respect of a shipment of property for
the purposes of this section accrues upon delivery or tender of
delivery thereof by the carrier and not after.
(e) The term "overcharges", as used in this section, means charges
for the transportation services in excess of those applicable thereto
under the tariffs lawfully on file with the Indiana department of
transportation.
(Formerly: Acts 1941, c.151, s.1; Acts 1961, c.110, s.1.) As amended
by P.L.59-1984, SEC.118; P.L.89-1985, SEC.11; P.L.18-1990,
SEC.33.