§ 8-2.1-22-22 — Actions for recovery of charges or overcharges; limitations

Indiana § 8-2.1-22-22

• Jurisdiction: Indiana
• Art. 2.1: MOTOR CARRIER REGULATION
• Ch. 22: Transportation of Passengers and Household Goods

Text

(a) All civil actions by carriers for recovery
of their charges or any part must be brought within two (2) years after
the time the cause of action accrues.
(b) For recovery of overcharges, civil actions must be brought or
complaints filed with the office of the attorney general against carriers
subject to this chapter within two (2) years after the time the cause of
action accrues, subject to subsection (c). However, if claim for the
overcharge has been presented in writing to the carrier within the two
(2) year period of limitation, the period shall be extended to include six
(6) months after the time notice in writing is given by the carrier to the
claimant of disallowance of the claim or any part specified in the
notice.
(c) If on or before the expiration of the two (2) year period of
limitation in subsection (a) or (b), a carrier subject to this chapter
begins an 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 after the time the action is begun
or charges are collected by the carrier.
(d) As used in this section, "overcharges" means charges for the
transportation services in excess of those applicable to the services
under the tariffs lawfully on file with the department.

Legislative History

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.36.