Mark J. Terrill, Associated Press
Actress Lindsay Lohan

The busboy who has sued Lindsay Lohan alleges in court papers that he has proof the actress had been drinking before she collided with his van in October 2005.

Raymundo Ortega, who is seeking $200,000 in damages, contends Lohan drove her Mercedes-Benz into a van he was driving after she drank alcohol and later tried to escape paparazzi.

The court papers were filed Tuesday.

Lohan, 21, has countersued, saying the California Highway Patrol concluded that Ortega caused the crash by making an illegal U-turn in Beverly Hills.