If the elderly gentleman made the statement about not being able to afford fuel? Then why does he even have a airplane, as far as my opinion he should get the monetary of value of the plane lost or a plane in trade which he is satisfied. Whether, I have a fourstar 40 worth $200 or a Carden 40%er worth $6000 dollars I will expect the equal amount of money of the planes worth or a new plane,Simple end of discussion.... This situation is unique and this is just my opinion..... ,,, I do however differ in the case of lets say a midair or etc. you could argue that it is both pilots fault whether is was a bonehead move or not and both just call it even, but too the thread at hand this is my opinion.