Lindsay Lohan has filed a countersuit against a busboy who sued her alleging she was trying to flee photographers when her car hit his van in West Hollywood two years ago, court papers show. Lohan lodged the countersuit in response to the negligence suit filed June 14 by Raymundo Ortega of Los Angeles. Ortega also alleges the starlet had been drinking and is seeking at least $200,000 in damages. The collision between Lohan's $200,000 Mercedes-Benz SL65 and Ortega's van occurred at about 5 p.m. on October 4, 2005 near Robertson and Beverly Boulevards. Ortega alleges the actress was looking over her shoulder instead of watching the road because she had been sensitive to a paparazzi and often drove recklessly after a May 2005 accident in which a photographer rammed her car. However, in her four-page countersuit, Lohan maintains that Ortega and an unspecified number of defendants she will name alter were all "negligent in the ownership, operation, repairs and maintenance" of his van. Lohan is asking for more than $75,000 in damage for the repair of her car and the cost of renting other vehicles. The California Highway Patrol report states that Lohan complained of leg and back pain and was interviewed later at Cedars-Sinai Medical Center.