Sec. 4. As used in this chapter, "uninsured motorist with a previous violation" means an individual who:
(1) owns a motor vehicle:
(A) that is involved in an accident; and
(B) for which financial responsibility is not in effect as required by IC 9-25-4; and
(2) during the immediately preceding five (5) years, has been required to provide proof of future financial responsibility for any period;
regardless of whether the individual is operating the motor vehicle at the time of the accident.