Lindsay Lohan's assistant is adamant ... he did NOT tell police Lindsay was driving at the time of her gnarly PCH accident this summer -- insisting cops are just making up stories to push criminal charges on the actress.
Gavin the assistant is telling friends, cops questioned him at the hospital where Lindsay was being treated post-accident -- but he neither confirmed nor denied whether Lindsay was driving the car.
Gavin's saying cops confronted him, saying they already knew Lindsay was driving because of the seat belt marks on her left shoulder -- indicating she was in the driver's seat -- and Gavin simply replied with a noncommittal "Okay."
Sources close to Gavin tell us, Gavin believes cops ran with his answer as an affirmative response ... and used it to convince the Santa Monica City Attorney to file a misdemeanor charge against Lindsay.
We're told Gavin's furious at cops for twisting his words, and now he doesn't want to cooperate with the investigation.
That said, he's willing to help Lindsay any way he can -- as if he hasn't done enough already.
The Santa Monica PD had no comment.