(AP) Lindsay Lohan says she was sober before a 2005 car crash near Beverly Hills.

Lohan is being sued for negligence over the accident in which her Mercedes hit a van and injured the driver, Raymundo Ortega.

Ortega, a busboy, alleges Lohan had been drinking at a restaurant called The Ivy before the crash even though she was underaged. Ortega is seeking at least $200,000 in damages from the 21-year-old actress and the restaurant.

But in a Dec. 15 declaration, Lohan stated: "I did not consume an alcoholic beverage or any type of medication or drug" either before or during her restaurant visit.

A call to Lohan attorney David J. Ozeran was not immediately returned Wednesday.

Lohan's declaration was filed Friday in Superior Court by attorneys for The Ivy along with other documents, including a declaration by the waiter who served Lohan. The server, Adam Novicki, said Lohan did not order alcohol.

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Photos: Livin' La Vida Lohan

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Alonzo Howell, a Los Angeles police officer who was providing security for The Ivy that day, also said he did not see Lohan drinking.

Lohan has countersued Ortega, citing a California Highway Patrol report that said he was at fault for the crash because he made an illegal U-turn.

Lohan served 84 minutes in jail last month after pleading guilty to misdemeanor drunken driving and cocaine charges unrelated to the 2005 crash.

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