Raymundo Ortega is suing Lohan for negligence and at least $200,000 in damages, claiming the actress was drinking before she crashed into his van, allegedly while she was trying to get away from paparazzi, E! Online reported.

Lohan insisted in a court declaration dated Dec. 15 that she was not under the influence of alcohol, drugs or prescription medication at the time of the accident.

The Ivy, the restaurant where Lohan had lunch before the crash, is also named as a defendant in the suit because it allegedly served alcohol to the underaged Lohan, E! Online said.

Lohan's statement and other documents were filed last week in connection with a motion by the Ivy's lawyers to have the restaurant dismissed as a defendant.

A hearing on that motion is scheduled for March 21.

When Lohan counter-sued Ortega in October, her lawyers cited the police report on the incident, which found Ortega was at fault in the crash for making an illegal U-turn in front of Lohan's car, E! Online said.