The complainant Raymundo Ortega, who was involved in the crash, had accused Lohan of being drunk when she rammed her Mercedes into his van on October 5th that year.
Ortega has also sued Lohan for 200,000 dollars in damages.
Exactly a month ago, a judge rejected Lohan's plea to dismiss Raymond Ortega's suit completely, reports E! Online.
Lohan has filed her own suit against Ortega in Los Angeles Superior Court, alleging Ortega and his unidentified team of defendants for causing the accident.
The 21-year-old is seeking 75,000 dollars for the cost of the repairs to her black Mercedes-Benz and cash renting other vehicles and to cover her hospital expenses
The starlet's court papers say that Ortega is using the drunken-driving accusation 'to force a settlement'.
A report filed by the California Highway Patrol on the day of the accident backs Lohan's claims and said that along with alcohol, Ortega was also to blame for the incident.
In her new court papers, Lohan said that when she was heading north at the permitted speed limit of 30 mph, Ortega made an illegal U-turn in front of her.
A trial for both lawsuits has been set for Apr. 7, 2008.
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