1. In any action against a secured person to recover damages because of accidental bodily injury arising out of the ownership or operation of a secured motor vehicle in this state, the secured person is exempt from liability to pay damages for: a. Noneconomic loss unless the injury is a serious injury. b. Economic loss to the extent of all basic no -fault benefits paid or to become payable for such injury under this chapter after subtracting the same elements of loss recoverable under any workforce safety and insurance law. 2. The exemption under subsection 1 does not apply unless the person who has sustained accidental bodily injury is a person who may qualify for basic no -fault benefits pursuant to section 26.1 -41-06 and who is not excluded under section
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