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 theircharges or any part thereof must begin within three (3) years from thetime the cause of action accrues and not after.
    (b) For recovery of overcharges, actions at law must begin, orcomplaint must be filed with the Indiana department oftransportation, against carriers subject to this chapter within three (3)years from the time the cause of action accrues and not after, subjectto subsection (c), except that if claim for the overcharge is presentedin writing to the carrier within the three (3) year period of limitation,the period shall be extended to include six (6) months from the timenotice in writing is given by the carrier to the claimant ofdisallowance of the claim or any part or parts thereof specified in thenotice.
    (c) If on or before the expiration of the three (3) year period oflimitation in subsection (a) or (b), a carrier subject to this chapterbegins action under subsection (a) for recovery of charges in respectof the same transportation service, or without beginning action,collects charges in respect of that service, the period of limitationshall be extended to include ninety (90) days from the time suchaction is begun or charges are collected by the carrier.
    (d) The cause of action in respect of a shipment of property forthe purposes of this section accrues upon delivery or tender ofdelivery thereof by the carrier and not after.
    (e) The term "overcharges", as used in this section, means chargesfor the transportation services in excess of those applicable theretounder the tariffs lawfully on file with the Indiana department oftransportation.
(Formerly: Acts 1941, c.151, s.1; Acts 1961, c.110, s.1.) As amendedby P.L.59-1984, SEC.118; P.L.89-1985, SEC.11; P.L.18-1990,SEC.33.