§ 8-2-21-1 — Limitation of actions

Indiana § 8-2-21-1

• Jurisdiction: Indiana
• Art. 2: REGULATION OF CARRIERS GENERALLY
• Ch. 21: Railroad Freight Rates─Limitation of Actions

Text

(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.