1. Except as provided in subsection 2, in an action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover noneconomic losses including but not limited to pain and suffering ifthe injured person was the operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian and the person’s injuries were proximately caused by the person’s commission of any felony, or immediate flight therefrom, and the injured person was duly convicted of that felony. 2. This section does not apply if the injured person is found to haveno fault inthe accident. 3. Ifa person injured in a motor vehicle accident has been formally charged with the violation of the felony referred to in subsection 1, but a final determination regarding guilt has not been made, liabilityand uninsured and underinsured motorist insurers, to whom a claim for damages has been presented, shall advise the injured party that settlement of the claim willnot be resolved until a final judgment is rendered on the charges. The injured party claiming damages shall provide evidence of the outcome of any criminal charges. Subsection1amended
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