Maybe the creaking noise is related? Could something have
been failing as you were hearing it, then it failed - sending you into the kerb.
I would ask for a diagnoisis(sp?) of what failed and what caused that failure (i.e. a "manufacturing defect" with any luck). If there are any cracks/sheared surfaces - look for dirt on them. If the dirt goes part way into the crack/across the surface then this could have been the creaking noise you were hearing - i.e. the crack was forming as you drove, and the dirt was getting into it to prove this fact. If the crack/surface then continues with no dirt that would either be the sudden failure that occurred when you applied cornering forces to it, or which occured with the shock loading of hitting the kerb.
These are only, of course, a layman's thoughts.
That would be the slant I would put on it - "I suspect it was failing for some time and the accident was therefore caused by a defect" - hence, VW should pay.
Is it even worth trying this?