it was a good one 
I went and watched it and on my end we were no where near colliding....if I were to die/take damage it would have been wrong.....it is not unfair, it is the best that there is considering the internet.....

Not saying you should have taken damage. That wouldn't be fair either. IMO, if both FE didn't see it, there wasn't any collision. So, in this case, neither plane would've taken damage and the fight would've continued. The only time there should ever be a collision is when both players see it.
Try to imagine the last three screen shots you posted from my end... I'm slow and pulling hard to get around as you're coming over the top. I get slightly nose high in a stall with nearly zero airspeed and see your 109 barreling down on me. At that point, the only person who could've avoided that collision was you. But you saw something completely different on your end and no need to evade. Which I completely understand and you shouldn't be punished for that. When my wing comes off, however, it feels like a policeman just wrote me a ticket because someone hit my car while it was parked in a parking lot.