Sec. 3. (a) A person who:
(1) sustained bodily injury or property damage as the result of a motor vehicle accident; and
(2) was an uninsured motorist with a previous violation at the time of the motor vehicle accident;
may not recover noneconomic damages for the person's bodily injury or property damage from the owner or operator of another motor vehicle involved in the motor vehicle accident.
(b) The personal representative of a person who:
(1) died as the result of a motor vehicle accident; and
(2) was an uninsured motorist with a previous violation at the time of the motor vehicle accident;
may not recover noneconomic damages under IC 34-23-1 for the person's death from another motor vehicle involved in the motor vehicle accident.