(a) All actions by railroads, motor carriers, common carriers by water, common carriers by air, the Railway Express Agency or freight forwarders for the recovery of their charges, or any part thereof, for the transportation of property moving wholly within the State of Illinois shall be filed within 3 years from the time the cause of action accrues, and not after.
13-219.Railroads and carriers.
Article XIII. Limitations · Part 2. Personal Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIllinois gives railroads and other carriers, and their customers, 3 years to sue over intrastate freight charges or overcharges, with a 90-day extension when the carrier itself files or collects near the deadline.
Full Text of 735 ILCS 5/13-219
(b) All actions against railroads, motor carriers, common carriers by water, common carriers by air, the Railway Express Agency or freight forwarders for the recovery of any part of transportation charges paid to such carrier for the transportation of property moving wholly within the State of Illinois shall be filed within 3 years from the time the cause of action accrues, and not after.
(c) If on or before the expiration of the 3 year period of limitation in subsection (b) a railroad, motor carrier, common carrier by water, common carrier by air, the Railway Express Agency or a freight forwarder files an action under subsection (a) for recovery of charges in respect of the same transportation service, or, without filing an action, collects charges in respect of that service, the period of limitation shall be extended to include 90 days from the time such action is filed or such charges are collected. (d) The cause of action in respect of a shipment of property
shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by a railroad, motor carrier, common carrier by water, common carrier by air, the Railway Express Agency, or a freight forwarder, and not after.
Plain-English Summary
Subsections (a) and (b) set matching 3-year deadlines for freight-charge disputes involving property transported wholly within Illinois. Carriers — railroads, motor carriers, common carriers by water or air, the Railway Express Agency, or freight forwarders — must file within 3 years of accrual to recover their transportation charges. Customers who paid those charges must likewise file within 3 years of accrual to recover any part of transportation charges they paid.
Subsection (c) adds a short extension: if, before the customer's 3-year period in subsection (b) runs out, the carrier either files its own action under subsection (a) for the same transportation service, or collects charges for that service without suing, the customer's period extends to include 90 days from that filing or collection.
Subsection (d) fixes the accrual date for all of this: the cause of action accrues upon delivery, or tender of delivery, of the shipment.
Frequently Asked Questions
How long does a carrier have to sue for unpaid freight charges in Illinois?
3 years from the time the cause of action accrues.
How long does a shipper have to sue a carrier to recover overcharges?
3 years from the time the cause of action accrues.
When does the clock start running on a freight-charge dispute?
Upon delivery, or tender of delivery, of the shipment of property.
What happens if the carrier files its own suit or collects charges right before the customer's deadline runs out?
The customer's 3-year period extends to include 90 days from that filing or collection.
Does this section apply to interstate shipments?
No. It applies to property transportation moving wholly within the State of Illinois.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois statute of limitations freight chargescarrier overcharge lawsuit deadline illinoisillinois railroad transportation charges statute of limitations3 year statute of limitations illinois carrier