Lindsay Lohan says she was sober before a 2005 car crash near Beverly Hills. The 21-year-old actress is being sued for negligence over the accident in which her Mercedes-Benz hit a van and injured the driver, Raymundo Ortega. Ortega, a busboy, alleges Lohan had been drinking at The Ivy restaurant before the crash even though she was underage at the time. Ortega is seeking at least $200,000 in damages from Lohan 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 lawyer David Ozeran wasn't immediately returned Wednesday. Lohan's declaration was filed Friday in Superior Court by lawyers for The Ivy along with other documents, including a declaration by the waiter who served Lohan. The server, Adam Novicki, said Lohan didn't order alcohol. Alonzo Howell, a Los Angeles police officer who was providing security for The Ivy that day, also said he didn't 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 misdemeanour drunken driving and cocaine charges unrelated to the 2005 crash.