LOS ANGELES - 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 attorney David J. Ozeran wasn't 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 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 misdemeanor drunken driving and cocaine charges unrelated to the 2005 crash.